United States v. Dennis J. T. Tsui

Dennis J. T. Tsui (Tsui) appeals his judgment of conviction and sentence for income tax evasion in violation of 26 U.S.C. § 7201 and the District Court’s denial of his motion for a new trial.

We note jurisdiction and affirm.

THE CHARGE AND FACTS:

Tsui, an assistant branch manager for a bank, was charged with receiving a substantial amount of unreported income during taxable year 1973. The moneys were received in connection with several real estate transactions financed by THC Financial Corporation (THC), an industrial loan company. Walter Wee (Wee), a vice-president of THC and the loan officer primarily involved in the subject transactions, also allegedly received moneys from those deals, possibly as commercial bribes.

Tsui did not file tax returns for the tax years 1974,1975, and 1976. In 1977, he was notified that he was to be deposed with regard to an investigation of THC, which had become bankrupt. While consulting with his attorney on the THC matter, Tsui claims that he incidentally inquired about his tax liability. On the advice of his attorney, Tsui filed an amended tax return for 1973 in October 1977, reporting $10,000 in previously unreported income and filed returns…