- 305 - See United States v. Jackson, 983 F.2d 757 (7th Cir. 1993). Commingling of the kickbacks in the accounts of the conduit entities, together with other unrelated income, was a device to hide the kickbacks from Prudential and the IRS, and is evidence of fraud. See Maddas v. Commissioner, 114 F.2d 548 (3d Cir. 1940). There is fraud where there is a scheme to "thwart the effective functioning of the IRS" and where there is an attempt to disguise the source of income. See United States v. Browning, 723 F.2d 1544, 1547 (11th Cir. 1984). Lisle plainly attempted to disguise the source of the kickback funds by the manner employed in sending the moneys through a roundabout method over a period of many years through Kanter's conduit entities. To be sure, the movement of the moneys had no legitimate business purpose, as demonstrated by the evidence. The use of nominees, placing money or property in the name of another, is indicative of fraud. See United States v. Peterson, 338 F.2d 595 (7th Cir. 1964); Furnish v. Commissioner, supra, where the Court of Appeals stated that "Concealment by itself is indicative of a willful intent to evade income taxes." Lisle used IRA and later Carlco as a nominee to receive and hold and conceal the kickback payments he received for his services. Failure to cooperate with revenue agents during an audit examination is indicative of fraud. See Bradford v.Page: Previous 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 Next
Last modified: May 25, 2011