- 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 withPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011