George Maciel - Page 19

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               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.                     





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