Paul A. and Marilyn J. Grothues - Page 9




                                        - 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