Leo N. Levitt and Ruth G. Levitt - Page 61

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          (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 in                




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