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