-12- failed to include the amount of the attorney checks in DDL’s 1990 and 1991 corporate gross income, that they had diverted those funds to their personal use, and that they had willfully failed to include the diverted amounts in their 1990 and 1991 individual gross income. On September 17, 1997, petitioner pleaded guilty to counts 1 and 3 of the indictment. Count 1 charged him with willfully making and subscribing to a false 1990 Federal individual income tax return. Count 3 charged him similarly as to DDL’s 1990 Federal corporate income tax return. As a factual basis of his plea, petitioner agreed: During calendar year 1990, as payment for medical services rendered by your medical practice, David Dung Le, M.D., Inc., you and your medical practice received checks from various law offices. Notwithstanding the fact that all of these checks constituted reportable business income to you and your corporation, you caused $295,940.90 in such checks to be deposited to your personal accounts, cashed and/or converted to cashier’s checks so as to avoid having these checks reported as income to the Internal Revenue Service. You further failed to advise your tax preparer that these business checks had been so diverted. Thereafter, on or about April 11, 1991, you willfully signed a U.S. Joint Individual Tax Return, Form 1040, for calendar year 1990 which was verified by a written declaration that it was made under the penalties of perjury, and which you did [not] believe to be true and correct as to every material matter, in that said return reported adjusted gross income of $113,847, whereas as you knew, that adjusted gross income figure failed to reflect an additional $295,940.90 in reportable income. In addition, on or about September 28, 1991, you willfully made and subscribed a U.S. Corporation IncomePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011