- 51 - An aggregate of more than $4.1 million was deposited into Kenmore’s Account during Kenmore’s fiscal 1981 and its fiscal 1982. Supra table 5. In addition to the $4.1 million of deposits into Kenmore’s Account, there was some indeterminate amount of cash that passed through Kenmore’s safe, and did not show up in Kenmore’s Account. The one-write bookkeeping system focused only on Kenmore’s Account. Both Gleave and Broskin used Kenmore’s Account; the one-write system did not adequately distinguish among Kenmore, Gleave, and Broskin transactions. As Heintz and Bohn carried it out, the one-write system used a miscellaneous column (Gleave account) for any transactions that (1) they were aware of and (2) did not know how to classify. We cannot deduce what happened to many of the Gleave account items, except that we know that Heintz and Bohn put all the Broskin items that they recognized into the Gleave account. Not only was the currency in the safe (generally $2,000-$20,000) not recorded in the one-write system, but also there was not a system to enable Heintz or Bohn to know how much of the currency belonged to Broskin and how much belonged to Kenmore or Gleave. Kenmore’s operations were large enough and varied enough, and the comingling of Kenmore’s, Broskin’s, and Gleave’s assets was extensive enough, so that it was obvious that detailed record-keeping was important. Failure to keep and supply adequate records may be an indication of fraud. Bahoric v. Commissioner, 363 F.2d 151, 154 (9th Cir. 1966), affg. T.C. Memo.Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
Last modified: May 25, 2011