Duncan & Associates - Page 8

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          obstructing and impeding respondent’s examination of petitioner             
          with respect to its taxable years 1990 and 1991 and for the                 
          purpose of concealing from respondent the falsity of petitioner’s           
          1990 return and 1991 return.                                                
               In Mr. Duncan’s March 31, 1998 plea agreement, Mr. Duncan              
          also acknowledged that:  (1) Petitioner’s 1990 return fraudu-               
          lently understated petitioner’s income by $125,000; (2) peti-               
          tioner’s 1991 return understated petitioner’s income by $150,000;           
          and (3) petitioner’s accounting documents contained entries                 
          falsely reclassifying $125,000 of petitioner’s income for 1990              
          and $150,000 of petitioner’s income for 1991 as repayments by Mr.           
          Duncan of loans allegedly drawn from petitioner’s “Loan to                  
          Shareholder” account.                                                       
               On March 20, 2002, respondent issued to petitioner a notice            
          of deficiency (notice) with respect to its taxable years 1990 and           
          1991.  In that notice, respondent determined deficiencies in, and           
          fraud penalties under section 6663(a) on, petitioner’s tax, as              
          follows:                                                                    
                                                   Fraud Penalty                      
              Year        Deficiency             Under Sec. 6663(a)                   
              1990          $64,392                  $48,294.00                       
              1991          75,726                   56,794.50                        

               Respondent further determined in the notice that petitioner            
          has imputed interest income for 1990 and 1991 under section 7872            
          of $7,089 and $7,670, respectively, as a result of the forgone              





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