- 30 - Thereafter on October 4, 1967, Spencer-Kellogg shipped 31,010 pounds of raw linseed oil to Atlas Paint Company and billed Resyn $4,080.92 for this shipment. Again, a Chemical Traders' invoice dated, inter alia, October 4, 1967 bills Atlas Paint Company for 31,010 pounds of raw linseed oil. In addition to understating income through the use of the Chemical Traders' trade name, Resyn overstated the cost of goods sold by the use of the Polymer Chemicals' trade name. As noted above, Polymer Chemicals maintained a bank account at the National State Bank of Elizabeth, New Jersey where the authorized signatory on the account was Harry Levinson. The record fails to disclose that Polymer Chemicals maintained offices, engaged in any business venture, had any employees, was incorporated as a company in New Jersey, paid any New Jersey state corporate taxes or any federal corporate taxes or filed any such tax returns. Irving Becker, employed by Resyn since 1967 as an expediter of deliveries to Resyn customers and as credit manager, was familiar with all of Resyn's suppliers. He testified that he was not familiar with Polymer Chemicals and knew nothing of the Polymer Chemicals' account. A world-wide survey of companies which deal in the chemicals purportedly sold by Polymer Chemicals to Resyn showed that none of them had any knowledge of a company called Polymer Chemicals. There is not a scintilla of evidence in the record indicating that Polymer Chemicals could or did deliver the large quantities of chemicals to Resyn for which it received payment from Resyn. In fact, the bookkeeper for Resyn testified that when she prepared a bill for payment, she would ordinarily receive an invoice and shipping documents but that when she received a Polymer Chemicals' invoice for payment, it was never accompanied by shipping documents. From 1963 through 1970, numerous checks totaling $603,458.84, were drawn on the Resyn bank account payable to the order of Polymer Chemicals. The Resyn checks were signed by Leo Levitt and were deposited in the Polymer Chemicals' bank account. The breakdown of the checks deposited is as follows:Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011