Investment Research Associates - Page 246




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         fraud.  "The summons had no time limit, was never withdrawn, and              
         * * * required the recipient to retain--indefinitely--the                     
         documents within its scope."  United States v. Administrative                 
         Enters., Inc., 46 F.3d at 673.                                                
              Gallenberger and Weisgal claim that records had been                     
         discarded pursuant to a 3-year retention policy based on the                  
         normal 3-year statute of limitations for assessing tax                        
         deficiencies.  Yet the records they destroyed related to returns              
         that were being audited and were the subject of IRS                           
         administrative summonses.  We think that such a 3-year retention              
         policy could not justify the destruction of corporate minutes,                
         stock ownership records, or resolutions by the boards of                      
         directors.  Moreover, some of the entities involved were trusts               
         or corporations owned by trusts.  Corporate officers and                      
         directors, as well as trustees of trusts, are often required to               
         account to shareholders and beneficiaries for periods greater                 
         than 3 years.  None of the individuals involved with the various              
         entities (Gallenberger, Weisgal, Meyers, and Schott) acted in any             
         independent manner.  They all acted as directed by Kanter.  It is             
         clear that they destroyed the records at Kanter's direction.                  
              Kanter, a tax professional who represents clients before the             
         IRS and this Court, is aware of the need for documentation and                
         records to support the items reported on tax returns.  In light               
         of that knowledge, coupled with other evidence, we find that his              






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