Association Cable TV, Incorporated - Page 17

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            adopted a formal plan of liquidation when it attached false                                 
            minutes to its 1988 tax return and did not report income from the                           
            sale of assets to JSL.  Respondent argues that the false minutes                            
            are evidence of an actual, intentional wrongdoing for the                                   
            specific purpose of evading taxes.                                                          
                  Petitioner argues that the minutes are not evidence of fraud                          
            but evidence of the shareholders' intention to comply with the                              
            tax laws.  In support of its position, petitioner addresses the                             
            backdated minutes and argues on brief:                                                      
                  There were inaccuracies in the writing [minutes] which                                
                  clearly indicated the plan was prepared after the fact                                
                  and back-dated to appear as though it were prepared in                                
                  anticipation of the liquidation.  This, the                                           
                  Commissioner argues, is proof not only that no plan                                   
                  existed, but also of an intent to defraud the                                         
                  government.  More likely it is simply what happens when                               
                  a taxpayer attempts to prepare a tax sensitive and very                               
                  technical document without benefit of counsel.                                        
                  Experienced counsel could have easily prepared the plan                               
                  without the appearance of fraud by simply dating it                                   
                  currently and referring to an earlier meeting.  The                                   
                  irony is that the law does not even require a written                                 
                  plan.  All of this trouble arose from the efforts of                                  
                  one man attempting to properly satisfy what he thought                                
                  was required of him under the law.                                                    
                  We cannot accept petitioner's excuse for creation of the                              
            false minutes.                                                                              
                  WCWC informed Briggs in December 1989 that ACT would owe a                            
            substantial amount of taxes if ACT had not adopted a plan of                                
            liquidation prior to or on the date of the sale to JSL.  Briggs                             
            testified:                                                                                  
                        Q  But they [the accountants] showed you an ACT                                 
                  return in which there was a lot of tax due.                                           




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