168 Garment, Inc. et al. - Page 2

                                         -2-                                          
          report income and are liable for the section 66632 fraud or the             
          section 6662 accuracy-related penalty.                                      
                                     Background                                       
               In 1997, pursuant to California law, Ms. Ngo incorporated              
          168 Garment, which performed sewing services for various garment            
          manufacturers.  Ms. Ngo was the company’s sole shareholder, and             
          Tho Cong Huynh (Mr. Huynh), her son, was the office assistant.              
               In 2000 and 2001, 168 Garment maintained a business checking           
          account at Citizens Business Bank (Citizens account).  Ms. Ngo              
          and Mr. Huynh were the only individuals with signature authority            
          over the Citizens account.  During 2000 and 2001, respectively,             
          petitioners deposited $511,376, and $417,761 into the Citizens              
          account, and 168 Garment reported these amounts on its Federal              
          income tax returns related to those years.  During this period,             
          Ms. Ngo and Mr. Huynh visited Matt’s Liquor at least 60 times to            
          cash checks payable to 168 Garment (i.e., totaling $120,610 in              
          2000 and $219,394 in 2001).  The proceeds from these checks were            
          not reported on Ms. Ngo’s or 168 Garment’s Federal income tax               
          returns.  In 2001, Ms. Ngo endorsed 45 of the 60 checks (i.e.,              
          totaling $173,022) cashed at Matt’s Liquor, and Mr. Huynh                   
          endorsed the remaining 15 checks (i.e., totaling $46,372).                  



               2  Unless otherwise indicated, all section references are to           
          the Internal Revenue Code in effect for the years in issue, and             
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  




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