Investment Research Associates - Page 237




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         Commissioner, 796 F.2d 303 (9th Cir. 1986), affg. T.C. Memo.                  
         1984-601.  As reflected in our findings of fact, Lisle did not                
         cooperate with respondent's agents at various stages of their                 
         investigation of his tax returns.  He withheld relevant documents             
         and information involving transactions with the Five.                         
              Destruction of records and attempts to place records beyond              
         the reach of the revenue agents are evidence of fraud.  See                   
         Prokop v. Commissioner, 254 F.2d 544 (7th Cir. 1958), affg. T.C.              
         Memo. 1957-75; Estate of Beck v. Commissioner, 56 T.C. 297                    
         (1971).  We find that Lisle discarded and permitted others,                   
         including Kanter, Gallenberger, and Weisgal, to discard                       
         supporting income documentation, which was an intentional act                 
         designed to conceal and evade the reporting and payment of                    
         Federal income tax.                                                           
              Misleading statements or actions are evidence of fraud.  See             
         McManus v. Commissioner, T.C. Memo. 1972-200, affd. without                   
         published opinion 486 F.2d 1399 (4th Cir. 1973).  Lisle made the              
         following misleading statements to the IRS agents who interviewed             
         him during their examination of Kanter's returns:                             
              (1)  Lisle told the agents that Schaffel had transacted                  
         business with Prudential prior to Kanter’s introduction of                    
         Schaffel to Lisle;                                                            










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