- 36 - wage or other compensation received by the employees. Petitioners offered timecards to substantiate its alleged wages; however, the timecards only encompassed a few months in 1995 and purported to be for a company named “Shun Wo Fashions Inc.”, not Sam Kong Fashions. We find that the inadequate records maintained by Sam Kong Fashions indicate that petitioners intended to conceal income and evade taxes owed in 1994 and 1995. Based on the foregoing, we find that petitioners fraudulently understated their tax liabilities for 1994 and 1995 and hold that they are liable for the fraud penalty under section 6663.20 Section 6663(b) provides that a taxpayer will not be liable for the fraud penalty with respect to any portion of the underpayment that the taxpayer proves by a preponderance of the evidence is not attributable to fraud. Mr. Kong submitted to his accountant a list of Sam Kong Fashions’s gross receipts and expenses for 1995. Although the gross receipts on the list totaled $241,890, an employee of Kim Y. Ling, P.C., mistakenly calculated this amount as $217,296.06. Because this omission was the mistake of the tax preparer, we find that the tax 20 Because we find that petitioners are liable for fraud penalties under sec. 6663, we shall not address respondent’s alternative argument that petitioners are liable for the accuracy-related penalties pursuant to sec. 6662.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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