Meri R. and William R. Kaufman - Page 3

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               and 1995 taxable years on January 17, 1995, April 17,                  
               1995 and April 15, 1996, respectively.                                 
                         b.  During the 1993, 1994 and 1995 taxable                   
               years, Meri R. Kaufman misappropriated or embezzled                    
               funds from her employer, MIM Corporation in the amounts                
               of $33,330.47, $57,095.06 and $76,574,76, respectively                 
               as set forth in * * * [exhibits attached to the answer                 
               which list the date, check number, amount, and payee                   
               for each MIM Corporation check representing embezzled                  
               funds].                                                                
                         c.  The Petitioner Meri R. Kaufman failed to                 
               accurately report this additional income when she filed                
               her joint returns for the 1993, 1994 and 1995 taxable                  
               years.                                                                 
                         d.  The Petitioner Meri R. Kaufman’s failure                 
               to report gross income in the amounts of $33,330.47,                   
               $57,095.06 and $76,574.76 for the 1993, 1994 and 1995                  
               taxable years, respectively, was fraudulent with the                   
               intent to evade taxes.                                                 
                         e.  The Petitioner Meri R. Kaufman’s                         
               understatement of gross income resulted in the                         
               understatement of her joint federal income tax                         
               liabilities in the amounts of $6,546.00, $11,577.00 and                
               $18,226.00 for the 1993, 1994 and 1995 taxable years,                  
               respectively.                                                          
                         f.  The Petitioner Meri R. Kaufman’s                         
               understatement of her joint federal income tax                         
               liabilities in the amounts of $6,546.00, $11,577.00 and                
               $18,226.00 for the 1993, 1994 and 1995 taxable years,                  
               respectively, was fraudulent with the intent to evade                  
               taxes.                                                                 
                         g.  A part of the underpayment of tax                        
               required to be shown on Petitioner Meri R. Kaufman’s                   
               joint federal income tax returns for each of the                       
               taxable years 1993, 1994 and 1995 is due to fraud with                 
               the intent to evade taxes.                                             
               Petitioners failed to file any reply, and on July 30, 1998,            
          respondent filed a motion, pursuant to Rule 37(c), for entry of             
          an order that the undenied allegations in the answer be deemed              





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