Richard P. Console - Page 4




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                    18.  The petitioner understated his taxable income                
               on his income tax returns for the taxable years 1986,                  
               1987, 1988 and 1989, in the amounts of $209,192.00,                    
               $145,966.00, $181,965.00 and $231,448.00, respectively.                
                    20.  The petitioner understated his income tax                    
               liabilities on his income tax returns for the taxable                  
               years 1986, 1987, 1988 and 1989, in the amounts of                     
               $104,596.00, $56,197.00, $50,951.00 and $64,805.00,                    
               respectively.                                                          
                    21.  A part of each deficiency in income tax for                  
               taxable years 1986, 1987, 1988 and 1989, is due to                     
               fraud with intent to evade taxes.                                      
                    22.  Richard P. Console, the petitioner herein, is                
               the same person who was the defendant in the criminal                  
               case of United States of America v. Richard P. Console                 
               (District of New Jersey), Case Number 91-42(nhp).                      
                    23.  The respondent herein is a party in privity                  
               with the United States of America, the prosecuting                     
               party in the aforesaid criminal case in which the                      
               petitioner herein was the defendant.                                   
                    24.  The indictment filed on January 10, 1991, in                 
               said criminal case sets forth the following charge                     
               against the defendant, the petitioner herein:                          
                    THE GRAND JURY CHARGES:                                           
                                        COUNT ONE                                     
               On or about September 8, 1987, in the District of New                  
               Jersey and elsewhere.                                                  
                              RICHARD P. CONSOLE, Esq.,                               
               the defendant, unlawfully, wilfully and knowingly did                  
               attempt to evade and defeat a large part of the income                 
               tax due and owing by himself to the United States of                   
               America for the calendar year 1986, by preparing and                   
               causing to be prepared, signing and causing to be                      
               signed and filing and causing to be filed with the                     
               Internal Revenue Service, a false and fraudulent 1986                  
               United States Individual Income Tax Return on behalf of                
               himself, wherein it was stated that his taxable income                 
               for the said calendar year was $145,565.00 and that the                





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