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December 18, 1989, meeting, Turner informed Briggs that minutes
of a liquidation meeting were needed for submission to the IRS
with ACT's 1988 Form 1120 tax return.
On December 26, 1989, Turner faxed to Briggs a sample set of
minutes to be used for a corporate liquidation. The sample
minutes provided by Turner erroneously listed January 31, 1989,
as the date by which liquidation must be completed. On
January 16, 1990, minutes purporting to represent a meeting
during which the shareholders of ACT agreed to liquidate arrived
at WCWC's office. The minutes falsely stated that a meeting
occurred on October 24, 1988, at 1:00 p.m. and referred to the
erroneous date of January 31, 1989, as the date by which
liquidation must be completed. Bill Bass (Bass), an accountant
at WCWC, received the minutes when they arrived at WCWC. Bass
felt apprehensive about the minutes but was instructed by Turner
to take the minutes at face value. Bass attached the minutes to
ACT's 1988 Form 1120 tax return and filed the return with the
IRS. The false minutes were prepared by Briggs and Morris
between December 26, 1989, and January 16, 1990.
Daniell resigned as president of ACT on May 7, 1990. In
November 1990 and January 1991, Daniell was interviewed by the
IRS in connection with an IRS investigation of Briggs. Daniell
told the IRS, during the January 1991 meeting, that the first
time he found out that ACT had supposedly liquidated was during
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