CFC, regarding this statement...
"If sales are fake, an amended 2009 return would be filed, to get the taxes back".
I would think a more likely outcome would be that if the SEC and/or the IRS could prove that the sales figure reported were due to cooked books, i.e., SPNG knew those sales figures were incorrect, wouldn't M&M more likely be arrested and charged with income tax fraud? I'm not sure they would actually get a refund.