Kaing Chin and Hae Kyung Baek - Page 2

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          section 6662(a).1  The deficiency and penalty stemmed from                  
          respondent’s determination that petitioners’ gross income for               
          1999 included $400,275 of unreported gross receipts received by             
          K & C International Co. (KC), the sole proprietorship of                    
          petitioner Kaing Chin Baek (Baek).  Respondent determined the               
          presence and amount of this unreported income from information              
          that he received from third parties stating that Baek had on each           
          of various days made deposits totaling at least $10,000 into KC’s           
          business checking account (KC account).                                     
               During this proceeding, respondent obtained the 1999 bank              
          statements of the KC account, spoke to Baek (or his counsel), and           
          conceded at the start of trial that none of the proceeds of the             
          referenced deposits were includable in petitioners’ gross income            
          as they were received by Baek in repayment of funds given to                
          Byung Chen Yoo (Yoo).  Respondent now notes that the cash                   
          deposited into the KC account during 1999 ($898,286.80) exceeds             
          the amount drawn on checks payable from that account to Yoo or to           
          one of his businesses ($771,640) by $126,646.80 and argues that             
          the $126,646.80 is taxable to petitioners unless they prove to              
          the contrary.  Respondent conceded at the start of trial that               
          petitioners’ unreported income for 1999 is no greater than                  
          $126,646.80 and that the deficiency and accuracy-related penalty            



               1 Section references are to the applicable versions of the             
          Internal Revenue Code.                                                      




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