Colorado Mufflers Unlimited, Inc. - Page 5




                                        - 5 -                                         
          refunded $88,000 to petitioner.5  Subsequently, respondent                  
          suspected that the refund was erroneous and began an audit of               
          petitioner’s employment tax compliance.6  Respondent’s revenue              
          agent Beth Nichols conducted the audit from approximately spring            
          2001 to 2003 when respondent issued the notice of determination.            
          During the examination, Revenue Agent Nichols unsuccessfully                
          attempted to obtain petitioner’s books and records, including its           
          bank records, from petitioner’s agent, Dolores Rudd.  After                 
          discovering that petitioner was using bank accounts in other                
          names, Revenue Agent Nichols summoned the bank records from those           
          accounts.7  Revenue Agent Nichols analyzed the bank records and             
          conducted additional investigation of petitioner’s business                 
          activities.  On the basis of her analysis, Revenue Agent Nichols            
          concluded that petitioner was still in business8 and that                   


               5Petitioner subsequently filed a refund claim for its 1999             
          employment taxes, which respondent ultimately denied.                       
               6In 2002, the United States instituted legal proceedings               
          against petitioner for the return of the erroneous refund.                  
               7Respondent summoned bank records for accounts not in                  
          petitioner’s name but in the names of entities traceable to                 
          petitioner and into which petitioner’s receipts were deposited.             
          Respondent traced activity in those accounts to petitioner’s                
          business location and attributed the activity to petitioner for             
          tax purposes.                                                               
               8Petitioner does not dispute that business activity similar            
          to petitioner’s regular business activity in 1999 occurred at               
          petitioner’s business location in 2000 and 2001.  Ms. Rudd                  
          testified that at least some of the same workers who performed              
          services for Colorado Mufflers in 1999 performed similar services           
          at petitioner’s business location in 2000 and 2001.                         





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 10, 2007