- 9 - the judgment against Mr. Kanz in exchange for Mr. Kanz’s promise to cooperate and assist in any effort to reduce or eliminate petitioners’ liabilities for the corporate employment taxes due the IRS. Both Mr. Grothues and Mr. Kanz contemplated the simultaneous execution of the settlement upon which the agreed judgment was based and the collateral agreement. At the time petitioners’ 1993, 1994, and 1995 tax years were under examination, Mr. Kanz denied he had ever embezzled funds from petitioners, SWAS, or petitioners’ corporations. On January 25, 2002, Mr. Kanz admitted he had misappropriated money from the SWAS bank accounts, but he denied he had misappropriated as much as the amount stated in the agreed judgment. On February 12, 2002, Mr. Kanz stated he did not deny any of the findings in the agreed judgment and that he was unable to dispute any of the findings in the agreed judgment insofar as they related to his actions. Mr. Kanz has not reported the alleged embezzlement income on any returns he has filed since 1984. To date, Mr. Kanz has not cooperated with or assisted petitioners, petitioners’ corporations, or SWAS in reducing or eliminating petitioners’ liabilities for the corporate employment taxes due the IRS. To date, neither petitioners, petitioners’ corporations, nor SWAS have taken any steps to recover from Mr. Kanz the amounts set forth in the agreed judgement.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011