J.J. Zand - Page 204

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          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 bank            





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