-4- (i) The petitioner and her husband purchased a GMC Jimmy, a new travel trailer, a lot, another computer, a time share condominium at Atlantic Beach, and two lawn tractors during the taxable year 1989. Petitioner also vacationed in California, built a two-story garage, and made a deposit on a swimming pool. (j) The petitioner did not report the income that she received from the misappropriation of funds of her employer on her 1988 and 1989 income tax returns, in the respective amounts of $152,513 and $186,094, and the petitioner is liable for the deficiencies resulting therefrom. (k) Petitioner fraudulently and with intent to evade taxes filed false income tax returns for the taxable years 1988 and 1989 that intentionally omitted the misappropriated income. (l) All of the underpayments (deficiencies) in income tax for the taxable years 1988 and 1989 are due to fraud with intent to evade taxes. 7. FURTHER ANSWERING the petition with respect to respondent's determination that the underpayment of tax for the 1989 taxable year is due to fraud, respondent affirmatively relies upon the doctrine of collateral estoppel, and alleges: (a) Petitioner is the same person who was the defendant in a criminal case of United States v. Carolyn M. Lee, Case No. 4:92CR00045-2, in the United States District Court for the Eastern District of North Carolina. (b) Respondent is a party in privity with the United States of America, the prosecuting party in the aforesaid criminal case in which petitioner was a defendant. (c) On or about July 6, 1992, petitioner plead [sic] guilty to one count of willfully making and subscribing a false Federal income tax return for the 1989 taxable year in violation of the provisions of I.R.C. � 7206(1), which petitioner signed under penalties of perjury knowing that the return was not true and correct as to everyPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011