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 14

                                        -14-                                          
               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, your                      
               husband willfully made and subscribed a U.S.                           
               Corporation Income Tax Return, Form 1120, on behalf of                 
               David Dung Le, M.D., Inc., for calendar year 1990 which                
               was verified by a written declaration that it was made                 
               under the penalties of perjury, and which your husband                 
               did not believe to be true and correct as to every                     
               material matter, in that said return reported gross                    
               receipts of $248,359, whereas as you and your husband                  
               well knew, that figure failed to include an additional                 
               $295,940.90 in gross receipts.  By having failed to                    
               deposit business checks into the David Dung Le, Md.,                   
               Inc. business bank account and having failed to advise                 
               your tax preparer that the business checks had been so                 
               diverted, you knowingly aided, abetted and caused the                  
               above described subscribing to a false corporate                       
               return.                                                                
          Ms. Le acknowledged as to her plea agreement that she had                   
          “carefully reviewed every part of it with my attorney” before               
          signing it.  In connection with her plea, Ms. Le served jail                
          time.                                                                       
          G.  Previous Case Involving DDL                                             
               DDL previously petitioned this Court to redetermine                    
          deficiencies in and other amounts related to its 1990 and 1991              
          Federal income taxes.  We dismissed the case for lack of                    
          jurisdiction.  See David Dung Le, M.D., Inc. v. Commissioner,               
          114 T.C. 268 (2000).  We held that DDL was a California                     
          corporation that lacked the capacity to engage in litigation                






Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011