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 10

                                        -10-                                          
               The Commissioner commenced an audit of the individual and              
          corporate 1990 and 1991 returns after discovering during the                
          audit of a personal injury attorney that the attorney had written           
          checks to various physicians and that those checks had been                 
          cashed.  The revenue agent interviewed both of the Les as part of           
          their and DDL’s audit.  During those interviews, both of the Les            
          provided false, misleading, and inconsistent statements on DDL’s            
          check cashing activities, their involvement in those activities,            
          and the completeness of DDL’s books and records.  On April 3,               
          1998, the Les agreed to extend to December 31, 1998, the time to            
          assess their personal income tax liability for 1991.  They later            
          agreed on July 1, 1998, to extend that term until July 31, 1999.            
               Respondent determined that the amounts of the attorney                 
          checks which were diverted by the Les were includable in their              
          gross income as constructive distributions received from DDL.  As           
          to 1990, respondent determined (and included in the notice of               
          deficiency) that the Les failed to report constructive dividends            
          of $201,341 and constructive long-term capital gains of $82,100.            
          As to 1991, respondent determined (and included in the notice of            
          deficiency) that the Les failed to report constructive dividends            
          of $137,801 and constructive long-term capital gains of $62,034.            
          Following the issuance of the notice of deficiency, respondent’s            
          national office analyzed DDL’s earnings and profits to verify the           
          portions of the distribution that under section 301(c) were                 






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