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the correct amount of excise tax on fuel it purchased and sold.
Thereafter, a five-count criminal information was filed against
Mr. Self, Jr., charging him with, inter alia, conspiracy to
defraud the United States by impeding, impairing, obstructing,
and defeating the Internal Revenue Service in the computation,
assessment, and collection of fuel excise taxes during 1991 and
1992, wire fraud arising from a scheme to defraud the
Commonwealth of Pennsylvania of oil company franchise taxes and
the State of New Jersey of motor fuel and gross receipts taxes,
and mail fraud arising from a scheme to defraud the Commonwealth
of Pennsylvania of oil company franchise taxes. On or about
March 24, 1993, Mr. Self, Jr., entered into a plea agreement with
the U.S. attorney and pleaded guilty. On July 27, 1994, a
judgment of conviction was entered sentencing Mr. Self, Jr., to 5
years of probation and the payment of $15,250 in penalties. A
judgment of conviction was also entered against Self Oil
requiring it to pay a $45,000 fine and a forfeiture penalty of
$243,900.
Petitioner, Self Heating and Cooling, Inc., is a
Pennsylvania corporation organized on September 29, 1994, and
engaged in the business of selling fuel oil and related
activities. On October 1, 1994, petitioner issued 100 shares of
its stock to Mr. Self, Jr., and Jeanette A. Self, his wife, and
100 shares to Jonathan Self.
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