Mike Amini - Page 2





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                       Additions to Tax and Penalties                                 
      Year   Deficiency     Sec. 6653(b)(1)(A) Sec. 6653(b)(1)(B) Sec. 6653(b)(1) Sec. 6663
     1986     $25,086           $18,815               *        ---          ---       
     1987      20,122      15,092         *        ---   ---                          
     1988      26,970       ---        ---      $20,228   ---                         
     1989      44,426       ---        ---        ---       $33,320                   
     1990      62,817       ---        ---        ---        47,113                   
     1991      38,498       ---        ---        ---        28,874                   

                    *  Amounts to be calculated at 50 percent of interest             
                    due on portion of underpayments attributable to fraud.            

               Unless otherwise indicated, all section references are to              

          the Internal Revenue Code in effect for the years in issue, and             

          all Rule references are to the Tax Court Rules of Practice and              

          Procedure.                                                                  

               The issues for decision involve the amount of embezzled                

          funds that should be charged as gross income to petitioner and              

          whether the fraud additions to tax and fraud-related penalties              

          apply.                                                                      


                                  FINDINGS OF FACT                                    

               Some of the facts have been stipulated and are so found.               

               When the petition was filed, petitioner resided in South               

          Jordan, Utah.  From 1984 until terminated in 1991, petitioner was           

          employed as a pharmacist at the outpatient pharmacy (OPP) at LDS            

          Hospital in Salt Lake City, Utah.                                           

               The procedures for the “closing” each day of the cash                  

          register by the OPP pharmacists consisted of the following steps:           









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