John W. Marsh - Page 5




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          petitioner drew only 29 checks against the business account                 
          (approximately 15 checks per month).  This drop in activity was             
          due to the fact that petitioner started paying his employees in             
          cash as of July 21, 1989, rather than by check.                             
               Petitioner received the following amounts of income, as set            
          forth in the notice of deficiency, for the years 1990 through               
          1995:                                                                       
                  1990     1991     1992      1993    1994     1995                   
               $118,651 $58,296 $119,633 $66,839 $26,978 $28,883                      
               The State of Hawaii imposes a general excise tax on gross              
          receipts, which is required to be collected by the recipient and            
          remitted to the State of Hawaii.  For the years 1986 through                
          1989, petitioner charged and collected from masonry customers the           
          following amounts of general excise tax:                                    

                        1986       1987       1988       1989                         
                     $947.78    $808.00    $4,668.88 $9,598.13                        
          Petitioner did not remit any of the general excise tax he                   
          collected to the State of Hawaii during 1986 through 1989.                  
               For the years 1965 through 1985, petitioner filed joint                
          Federal and State of Hawaii income tax returns with his wife.               
          Petitioner has not filed a Federal or State of Hawaii income tax            
          return for any year after 1985.                                             
               Petitioner’s 1985 return was selected for audit.  Petitioner           
          refused to cooperate with respondent's personnel during the audit           






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