David D. Le, a.k.a. David Dung Le, a.k.a. Dung V. Le and Kim Huong Le, a.k.a. Kim Le, et al. - Page 7

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          petitioner’s move there.5  In 1991, petitioner used the corporate           
          and Federal employer identification numbers assigned to Dung Van            
          Le, A Medical Corporation, to report and pay to California                  
          corporate estimated tax in the name of DDL.                                 
          C.  Attorney Checks                                                         
               During the subject years, Ms. Le worked as DDL’s office                
          manager.  Her general duties included performing receptionist               
          functions, maintaining DDL’s books and records, processing                  
          incoming mail, and making bank deposits.  Her specific                      
          responsibilities included entering DDL’s receipts into DDL’s                
          records.                                                                    
               DDL’s receipts were primarily in the form of cash from                 
          patients or checks from Medi-Cal, Medicare, insurance companies,            
          or various law offices.  The checks from the law offices                    
          (attorney checks) were a significant source of DDL’s income and             
          stemmed from medical services rendered by petitioner, in his                
          capacity as DDL’s employee, to clients of the payor/attorneys.              
          Ms. Le recorded in DDL’s records all of DDL’s receipts but for              
          many of the receipts which DDL received in the form of attorney             
          checks.  The Les diverted many of the attorney checks to their              
          personal use and did not report the amounts of the diverted                 
          checks to the Internal Revenue Service (either on DDL’s corporate           

               5 The bank statements list the owner of the account as DDL             
          “DBA ASIAN GARDEN MED’CL CLINIC”.  The record does not elaborate            
          on this pseudonym.                                                          





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