Timothy and Barbara Kosinski - Page 26




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          financial institutions are required to report to the Government             
          and documented (or failed to document) their use of the cash in             
          such a way that not even petitioner could verify where the money            
          went.                                                                       
               Petitioners had on hand nearly half a million dollars in               
          cash in their personal safe at home and in their safety deposit             
          boxes when criminal investigators from the IRS first interviewed            
          them.  Petitioner’s statements to the criminal investigators at             
          his first meeting with them regarding his purpose in hoarding               
          cash differed from those statements made at his second meeting              
          with them.                                                                  
               Although petitioner’s conviction for subscribing false                 
          Federal tax returns does not collaterally estop him from denying            
          that he fraudulently understated petitioners’ income tax                    
          liability, his conviction is evidence of fraudulent intent.  See            
          Wright v. Commissioner, 84 T.C. 636, 643-644 (1985).                        
               Petitioners assert that any inaccuracies in their reported             
          tax liabilities for the relevant years are attributable primarily           
          to miscommunication between them and their return preparers and             
          accountants, Susan Pereira and Steven J. Plotnik.  Petitioners              
          claim that their accountants should have caught several of the              
          checks that were for personal expenses by looking at records,               
          some of which were made available to the accountants, outside of            
          the bank statements and check stubs of T.J. Construction.                   







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Last modified: November 10, 2007