- 25 - As discussed, supra, Vortex’s corporate tax return for the year at issue was due June 15, 1994.14 Vortex concedes it did not file a tax return for FYE 1993 until after it received the notice of deficiency in August 1995. Vortex maintains that its failure to file its FYE 1993 return by the extended due date was not due to any attempt on its part to evade its taxes but rather was due to other circumstances stemming from the investigation, arrest, trial, and imprisonment of Mr. Zhadanov. Mr. Zhadanov was arrested in May 1993. Incident to the arrest, law enforcement agents searched the Vortex facility and the Zhadanovs’ apartment and seized, among other things, many of Vortex’s books and records. In January 1994, Mr. Zhadanov pleaded guilty, and from 1994 to 1999 Mr. Zhadanov was incarcerated. By June 15, 1994, the deadline for filing Vortex’s FYE 1993 return, Mr. Zhadanov had already pleaded guilty pursuant to a plea agreement that required him, among other things, to file accurate Federal income tax returns on behalf of Vortex and for himself. The terms of the plea agreement provided an extremely strong incentive to file accurate tax returns because the failure 14Corporate fiscal year income tax returns are required to be filed on the fifteenth day of the third month following the close of the corporation’s fiscal year. Sec. 6072(b). Vortex’s income tax return for FYE 1993 was originally due on Dec. 15, 1993, but the filing deadline was extended to June 15, 1994.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011