- 306 - 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;Page: Previous 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 Next
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