Bill Fred Hamilton and Connie Hamilton - Page 4

                                        - 4 -                                         
          the amount of the check exceeded the cash amount received by Mr.            
          Hamilton, he would then either deposit these excess funds into              
          RBE’s account, or use them to purchase cashier’s checks payable             
          to other coal companies.  In total, Mr. Hamilton was involved in            
          52 separate transactions during 1988 in which he received cash or           
          self-directed cashier’s checks totaling $510,888.  Mrs. Hamilton            
          conducted two such transactions during 1988 in which she received           
          a total of $5,105 in cash.  Overall, the entire amount                      
          petitioners received in 1988 from their transactions with                   
          Fidelity totaled $515,993.                                                  
               Petitioners timely filed their joint Federal income tax                
          return for 1988 on which they reported an adjusted gross income             
          of $21,840.  That income comprised $7,600 in wage income Mrs.               
          Hamilton received from H&S, interest income of $3,040, a dividend           
          payment of $8,500, and sick pay in the amount of $2,700.                    
          Petitioners did not report any portion of the cash that they had            
          received from the bank transactions with Fidelity.                          
               Petitioners were criminally indicted for willfully filing              
          false Federal income tax returns for 1987 and 1988 in violation             
          of section 7206(1).  The indictment charged them with receiving             
          income of $542,106 from the sale of coal that they failed to                
          report on those returns.  See United States v. Hamilton, 128 F.3d           
          996, 998 n.1 (6th Cir. 1997).  Mr. Hamilton was also charged with           
          willfully failing to file a Federal income tax return for 1989 in           
          violation of section 7203.                                                  




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011