William T. Butler, Transferee - Page 5




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          Saliterman was not aware of, and McGraw and Butler did not inform           
          Saliterman about, the diversion schemes.  During the years in               
          issue, McGraw supervised the preparation of Metro’s Forms W-2,              
          Wage and Tax Statement, and Forms 1099-MISC, Miscellaneous                  
          Income, which he knew did not reflect the funds diverted to                 
          Butler, and signed Metro’s tax returns, which he knew did not               
          accurately reflect Metro’s income and deductions.  McGraw did not           
          know the total amount of cash Butler kept for himself or, with              
          the exception of Butler’s payments to Miller, how the diverted              
          cash was spent.                                                             
               In 1990, respondent audited Metro’s 1988 and 1989 tax years.           
          McGraw failed to disclose to the auditor that there were income             
          omissions and fictitious subcontract expenses.  McGraw                      
          subsequently consulted with Attorney Peter Thompson (Thompson),             
          who insisted that Metro properly classify all its income and                
          expense items and not file another false tax return.                        
               On September 14, 1990, Saliterman sent McGraw Metro’s 1990             
          Federal and State income tax returns.  Shortly before Metro filed           
          its 1990 returns on March 19, 1991, McGraw, acting pursuant to              
          the advice of Thompson, called Saliterman and instructed them to            
          reduce the expense for subcontract services by $400,873 and                 
          report that amount as officer’s compensation.  Despite Thompson’s           
          advice, McGraw did not instruct Saliterman to include on the 1990           








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