- 61 - (9th Cir. 1972); Elwert v. United States, 231 F.2d 928, 935 (9th Cir. 1956). Petitioner used Chemical Traders and Polymer to divert funds from Resyn for his personal use. Petitioners contend that Chemical Traders and Polymer were legitimate businesses. We disagree. Petitioner is collaterally estopped from so claiming. Even if petitioner were not collaterally estopped, respondent has clearly shown that petitioner used Chemical Traders and Polymer to divert and conceal income from 1964 to 1970. f. Concealing Income From Return Preparers Concealing income from a taxpayer's tax preparer can be evidence of fraud. Korecky v. Commissioner, 781 F.2d 1566, 1569 (11th Cir. 1986), affg. T.C. Memo. 1985-63; Farber v. Commissioner, 43 T.C. 407, 420, modified 44 T.C. 408 (1965). Petitioner did not give Levenson or Goldstein records showing that Chemical Traders existed, that Resyn's payments to Polymer were for fictitious transactions, that he diverted income from Resyn to Polymer and Chemical Traders, or how he used funds in the Polymer and Chemical Traders accounts. g. False and Misleading Testimony False, misleading, and inconsistent testimony is a badge of fraud. Bradford v. Commissioner, supra at 307. Petitioner falsely testified (i) that Chemicals Traders and Polymer were legitimate businesses; (ii) that Chemical Traders did business at 128 Clinton Avenue in Newark, New Jersey, and that he was inPage: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
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