- 2 - petitioner's Federal income taxes, and additions to tax for fraud, for petitioner's tax years ended September 30: Additions to Tax Sec. Sec. Sec. Year Deficiency 6653(b)(1)(A) 6653(b)(1)(B) 6653(b) 1988 $247,112 $185,334 1 -- 1989 195,154 -- -- $139,746 1 50 percent of the interest due on $247,112. All section references are to the Internal Revenue Code in effect for the taxable years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure, unless otherwise indicated. At the time the petition in this case was filed by D.J. Marino, an officer of petitioner, petitioner's office was located in Cleveland, Ohio. Background The petition filed in this case generally disputed respondent's adjustments to petitioner's income. Respondent's answer denied the material allegations of the petition and further alleged: 6. FURTHER ANSWERING the petition, and in support of the determination that the underpayments of tax required to be shown on petitioner's tax returns for the tax years ending September 30, 1988, and September 30, 1989, are due to fraud, the respondent alleges: (a) Donald J. Marino was the president and major shareholder of, and had direct control over, petitioner during the years at issue. (b) Petitioner paid certain personal expenses of Donald J. Marino and his family. (c) On December 22, 1987, petitioner's president Donald J. Marino purchased a diamond necklace, diamond tennis bracelet, and two sets of diamond earrings fromPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011