Paul Bi-Yang Chen and Chiu-Mei Chen - Page 8

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          under section 7206(1) is certainly one of the facts to be                   
          considered in deciding whether the Chens committed tax fraud.               
          See id. at 643-644; see also Welker v. Commissioner, T.C. Memo.             
          1997-472.  And the Chens’ specific acknowledgment of fraud in the           
          plea agreements certainly weighs against their claims of                    
          innocence now.                                                              
               But even without the acknowledgment of fraud and the guilty            
          plea, the badges of fraud in this case are plain:                           
               !    Mr. Chen intentionally submitted a false claim of loss            
                    to Chubb Insurance;                                               
               !    he concealed receipt of the resulting fraud proceeds              
                    from his tax preparer;                                            
               !    the Chens’ testimony is replete with contradictory                
                    claims, ranging from Mr. Chen’s claim to know nothing             
                    about the financial aspect of the business--“I really             
                    [am] not too much concern[ed] about the finance[s], you           
                    know, I [am] just a super-sales[man] only”, while later           
                    claiming the opposite--“I am like a dictator in the               
                    company;” to saying that he “never touch[ed] the money            
                    flow and accounting issues * * * [or paid] too much               
                    attention in this issue”, only to testify in answer to            
                    the question “[D]id you tell the accountant what to               
                    do?”, “Yes”; to Mrs. Chen’s testimony both that she               
                    herself deposited the $287,000 into the fake Beam                 
                    account and that Ms. He did;2                                     
               !    implausible explanations--to take one example, Mr. Chen           
                    said he intended to split the insurance proceeds with             
                    Beam’s owner.  Yet Mr. Chen never gave him any money,             


               2 Such inconsistency cannot be chalked up to bad memory or             
          simple misunderstanding, as the Chens argue.  The flip-flops are            
          too numerous to discount, and the Court made sure that transla-             
          tors were available at trial to guarantee that the Chens under-             
          stood the questions being asked.                                            






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Last modified: May 25, 2011