-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.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011