- 19 - Petitioner also wrote checks made payable to “cash” from his noncorporate bank accounts over which he had signatory authority. For example, in 1990, petitioner wrote the following checks to cash from Bank of Milpitas, account No. 512-001-300466: Date of Check Check No. Amount 3/20/90 109 $9,645.00 4/17/90 112 9,741.50 4/27/90 118 8,697.50 4/27/90 117 9,750.00 Total 37,834.00 At trial, petitioner could not recall the purpose for, or use of, these funds.26 I. Petitioner Pled Guilty to Criminal Charges On September 23, 1998, petitioner was charged with two counts of knowingly filing false Federal income tax returns for 1991 and 1992 in violation of 26 U.S.C. sec. 7206(1) (2000).27 On January 13, 1999, petitioner entered a guilty plea to the aforesaid charges and was sentenced to, inter alia, 36 months of probation. In pleading guilty, petitioner admitted that he 26Petitioner included copies of the checks as part of his exhibits. Since petitioner cannot recall for what these amounts were expended, he is not now claiming them as adjustments to reconstructed income. 27In United States of Am. v. George Maciel, case No. 98- 20085-JF, U.S. District Court for the Northern District of California, petitioner was charged with willfully making a return he did not believe to be true and accurate; he willfully omitted the correct amount of income from his return, understating his income by $78,454 and $75,587 for 1991 and 1992, respectively. The information alleged he understated his income tax liability by $19,299 and $10,377 for 1991 and 1992, respectively.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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