- 270 - preferences, we find the preferences reflected on the certificates to be ambiguous. Petitioners failed to produce any corporate resolution. We can only infer that the resolutions contradict petitioners' assertions. Finally, the record establishes that Kanter was not restrained by corporate formalities including preferences, stock ownership, asset ownership, etc. Kanter claims that Carlco's preferred stock was issued to Lisle's family trust to give Lisle more control and discretion with respect to Carlco's investments. We fail to see how stock that does not have voting control could provide such control or discretion with respect to the assets of the corporations. Lisle, Ballard, and Kanter, respectively, had unrestricted control of the assets of Carlco, TMT, and BWK, Inc. We think that fact is a strong indicator of the true owners of the assets. On the basis of the record before us, we conclude that Kanter personally diverted payments of compensation, including those made by the Five for his, Ballard's, and Lisle's services and influence, through IRA, Holding Co., and their subsidiaries. Petitioners formed and utilized all the corporations as a way to conceal their true income for the years at issue. The record is clear that petitioners used all of these accounts as parts of incorporated or unincorporated pocketbooks. The corporationsPage: Previous 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 Next
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