Sam Kong Fashions, Inc. - Page 36

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          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.                           





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