- 3 -
case, petitioner pleaded guilty on June 6, 1985, to tax evasion
for 1979 and 1980 in violation of section 7201. Petitioner was
represented by counsel when he pleaded guilty.
Petitioner had been indicted in or about May 1983 with
respect to the criminal matter. The Indictment charged that
petitioner was a partner in a major marijuana importation and
distribution network during the subject years, and that
petitioner used offshore entities and foreign bank accounts to
"launder" profits from that activity. The Indictment charged
that petitioner knowingly and willfully attempted to evade
Federal income tax for 1979 and 1980 by filing false and
fraudulent Federal income tax returns for those years in
violation of section 7201. The Indictment charged that
petitioner's 1979 taxable income was approximately $346,098, and
that his 1980 taxable income was approximately $80,152.
Respondent determined that petitioner received unreported
drug proceeds of $346,098 and $80,152 in 1979 and 1980,
respectively, and that these proceeds were includable in
petitioner's gross income for those years. Petitioner's 1979 and
1980 tax returns reported that his 1979 and 1980 gross income was
$2,370 and $7,800, respectively.
Discussion
Rule 121(a) provides that either party may move for summary
judgment upon any or all parts of the legal issues in
controversy. When either party makes such a motion, the opposing
Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011