- 308 - Five. Respondent has also proven by clear and convincing evidence that Ballard intended to evade taxes known to be owing on that income by conduct designed to conceal, mislead, or otherwise prevent the collection of such taxes. There are several indicia of Ballard's fraud with intent to evade tax. Although Ballard's educational background is not in the record, he was a sophisticated and experienced businessman who held high executive positions at Prudential, and later at Goldman Sachs. As such, he obviously understood and fully appreciated his obligation to report income correctly and to pay taxes on that income. Nevertheless, he disregarded this obligation by participating in various schemes to collect kickbacks from the Five and misdirect income through Kanter's maze of entities. As our findings show, Ballard omitted income received from transactions with the Five during the years 1978 through 1982, 1984, and 1987 through 1989 in the total amount of $3,054,093. Additionally, for the years 1983, 1985, and 1986, years not before us here, he omitted $961,161. Ballard used IRA and later TMT as a nominee to receive and hold the kickback payments he received for his services. Ballard 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.Page: Previous 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 Next
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