- 17 - 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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