Sam Kong Fashions, Inc. - Page 34

                                       - 34 -                                         
          In 1994 and 1995, petitioners understated their incomes by                  
          substantial amounts.                                                        
                    2.   Implausible or Inconsistent Explanations of                  
                         Behavior                                                     
               Petitioners also offered implausible explanations for                  
          failing to deposit customer checks into the checking account of             
          Sam Kong Fashions.  Petitioners assert that the contractors                 
          issued the checks payable to Mr. Kong because he provided                   
          services to the contractors.  Yet, representatives of Style                 
          Setters and Half Moon Bay testified that the checks in the record           
          were issued to Sam Kong Fashions, not Mr. Kong.  Furthermore, Mr.           
          Kong acted inconsistently with this explanation because he listed           
          wages from Sam Kong Fashions as his only source of income on his            
          1994 and 1995 income tax returns.                                           
               Petitioners’ explanations are also inconsistent with how Sam           
          Kong Fashions processed customer checks.  Sam Kong Fashions                 
          deposited numerous checks payable to “Sam Kong” into its business           
          checking account.  Nothing on the face of these checks explains             
          why some checks issued to Mr. Kong were deposited into Sam Kong             
          Fashions’s business account while others were deposited into Mr.            
          Kong’s personal checking account.  Similarly, several checks                
          issued to Sam Kong Fashions were deposited into Mr. Kong’s                  
          personal account.  From the inconsistent treatment of customer              
          checks, we infer that petitioners attempted to hide the receipt             







Page:  Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  Next

Last modified: May 25, 2011