K & M La Botica Pharmacy, Inc. et al. - Page 3




                                        - 3 -                                         
          respondent issued a notice of deficiency with respect to La                 
          Botica’s 1995 taxable year.  The notice reflected a deficiency              
          attributable in large part to a determination of unreported                 
          income and a penalty under section 6663(a) on account of fraud.             
               Then, on June 24, 1999, respondent issued to Mr. Ahmed and             
          his wife in their individual capacities notices of jeopardy                 
          assessment pursuant to section 6861 for the taxable years 1995              
          through 1998.  Section 6861(a) provides for immediate assessment            
          of taxes in the event that the Secretary believes assessment or             
          collection of a deficiency will be jeopardized by delay.  In                
          contesting this action, Mr. Ahmed subsequently filed a complaint            
          in the U.S. District Court for the Central District of California           
          seeking judicial review of the jeopardy assessment.  A hearing on           
          the matter was held by the District Court judge in August of 1999           
          and culminated with oral findings of fact and conclusions of law            
          wherein the court found and concluded that the assessment met the           
          criteria of section 7429(b)(3).  In connection with this                    
          proceeding, Hussein Darwish filed an affidavit, was called as a             
          witness on behalf of respondent, and was subjected to cross-                
          examination by counsel for Mr. Ahmed.  Mr. Darwish was employed             
          by Mr. Ahmed at La Botica from August of 1996 until April of                
          1998, and his testimony related primarily to his experiences with           










Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011