Robert T. Schirle - Page 12

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          Park and Mr. Hwang, petitioner's accountants for the years in               
          issue, were recommended by Mr. Yoon.  The deposits into the                 
          client trust account were included in the general ledger as                 
          receipts of the firm.                                                       
               Petitioner's 1988, 1989, and 1990 Federal income tax returns           
          were all filed more than 3, but less than 6, years prior to                 
          respondent's mailing of the notice of deficiency on July 7, 1995.           
          Petitioner's 1991 Federal income tax return was filed on October            
          15, 1992.                                                                   
          The 162 Disputed Checks3                                                    
               Petitioner was aware that some of the 162 disputed checks              
          came into his law firm.  Petitioner did not personally cash                 
          settlement checks.  Mr. Yoon frequently paid cash to clients of             
          the firm.  Mr. Yoon specifically instructed the firm's employees            
          who witnessed these cash payments not to tell petitioner that               
          cash disbursements to clients were being made.  In 1988 and early           
          1989, petitioner authorized Mr. Yoon to cash occasional                     
          settlement checks.  This policy (to petitioner's knowledge)                 
          stopped in 1989 because the office moved to a building in which             
          one of the firm's banks was located, facilitating immediate                 
          payment or cash availability from insurance settlement checks.              


               3  The checks in dispute are referred to by the item numbers           
          as marked in the record.  Two of the disputed checks are no                 
          longer at issue pursuant to the parties' stipulation of settled             
          issues.  Additionally, items 102 and 103 are not cashed checks              
          but rather were deposited by petitioner into the Mitsui                     
          Manufacturers Bank account discussed infra.                                 


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