- 6 - petitioner was sentenced to pay a fine of $30,000. At the arraignment, plea, and sentencing of petitioner, the presiding United States District Court Judge declared the following as one of the conditions of petitioner’s criminal sentence: You must cooperate with the I.R.S. and submit all delinquent tax returns and pay all back taxes and interest at the direction of the Probation Officer. The Court should note in regard to this condition that in determining the sentence that–-the amount of tax penalties, civil penalties, the distressed sale of the bank, all of these are consequences that flow from your action, and are ones that I think are appropriately taken into account by the Court. On September 8, 1998, respondent issued a notice of deficiency to petitioner for the years 1989, 1990, 1991, 1992, and 1993. The deficiency amounts were higher than in the addendum to the plea agreement because the tax stated as due in the addendum did not include the additional income tax resulting from adjustments to petitioner’s 1990, 1991, 1992, and 1993 income tax liabilities for claiming false mortgage interest deductions. Additionally, the notice of deficiency determined a fraud penalty for each of the years in issue. The total deficiency determined by respondent for all 5 years is $24,535, a $9,391.76 difference from the tax liability of $15,143.24 set forth in the addendum to the plea agreement. Petitioner has conceded the amount of the underpayments set forth in the notice of deficiency. In separate letters dated March 7, 2000, and submitted inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011