Donald Ray Hartley - Page 5




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          additional refund checks, petitioner did not make any further               
          payments to Mr. Rudolph because he knew that Mr. Rudolph was then           
          under investigation by the authorities.  Apparently so was                  
          petitioner.                                                                 
               In December 1999, petitioner pleaded guilty to one count of            
          violating 18 U.S.C. sec. 201(c)(1)(A) (bribery of public                    
          officials), and the corresponding judgment was entered in April             
          2000.  Petitioner was sentenced to 3 months’ home detention and 3           
          years’ probation; petitioner also agreed--as a condition of his             
          probation--to cooperate with the IRS in the collection of “all              
          outstanding taxes, interest, and penalties.”                                
               In April 2005, respondent sent petitioner a Form 4549,                 
          Income Tax Examination Changes, showing the proposed changes to             
          petitioner’s income tax returns for 1992, 1993, and 1994.  The              
          proposed changes resulted in a total balance due, including                 
          interest and civil fraud penalties under section 6663, of                   
          $39,645.20.3  Petitioner objected to imposition of the fraud                
          penalties but agreed to the adjustments related to the                      
          underpayments of tax.                                                       
               While his objection to the fraud penalties was being                   
          processed, petitioner submitted a Form 656, Offer in Compromise             
          (OIC), for all 3 tax years.  In the OIC, petitioner offered to              


               3  The interest owed was calculated only to May 25, 2005,              
          and the penalty calculations were made only to Apr. 25, 2005.               






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