- 276 - by these companies to him. Petitioner had access to the funds through his signatory powers over the accounts. He withdrew moneys from the WHIP and Bank of America accounts to which the Lockheed sums were paid. Such withdrawals exceeded $2.9 million. He had access to the deposits made to All Patents' account at the Banque de Paris, and he transferred funds from that account to the Diesel Power account. He also had payments made in the name of All Patents deposited directly to Diesel Power's account at the Banque de Paris. He had signatory authority over the accounts. Diesel Power provided no services to Lockheed and Ashland from 1972 through 1976. As a part of his effort to conceal the commissions earned from Lockheed and Ashland and the interest income earned on the accounts at Barclays Bank Bahamas and FNCB London, petitioner concealed this information from Mr. Giffin, his accountant and return preparer. This is evidence of fraud. Korecky v. Commissioner, 781 F.2d 1566, 1569 (11th Cir. 1986), affg. T.C. Memo. 1985-63. Mr. Giffin had instructed CTC's employees to include all income and disbursements of CTC and petitioner, whether business or personal, on CTC's cash receipts and cash disbursements journals. Mr. Giffin relied on the journals in preparing petitioner's Federal income tax returns. If items did not appear on the journals, Mr. Giffin was not aware of them. No commission payments that petitioner directed to the foreign bankPage: Previous 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 Next
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