Timothy and Barbara Kosinski - Page 6




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          cash to Phillips in addition to writing the checks or that the              
          checks were endorsed back to petitioner and deposited in                    
          petitioners’ personal bank account.  All of the checks that were            
          endorsed back to petitioner were deducted as business expenses on           
          T.J. Construction’s Forms 1120S, U.S. Income Tax Return for an S            
          Corporation.                                                                
               The nature of the cash transactions between petitioner and             
          Phillips was such that the actual amount of money paid to                   
          Phillips could be verified only by petitioner and Phillips.                 
          Petitioner kept track of the amounts owed to Phillips by T.J.               
          Construction, but he destroyed those records regularly.  Phillips           
          did not keep records of the amounts he was owed, but rather                 
          relied on petitioner to handle the paperwork with regard to the             
          Thyssen Steel projects.                                                     
               From 1994 through 1998, Phillips paid his employees with a             
          combination of checks and cash.  He did not withhold any taxes              
          and did not issue any Forms 1099 or Forms W-2, Wage and Tax                 
          Statement, with regard to payments to his employees.  With the              
          cash he received from petitioner, Phillips customarily made cash            
          payments to temporary workers, to subcontractors, to regular                
          employees as incentives and bonuses, and to suppliers.                      
               In addition to substantial cash payments, petitioner made              
          three large wire transfers to Phillips Contracting totaling                 
          $1,440,500 between 1996 and 1997.  Petitioner treated these                 







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