- 314 - 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 "The summons had no time limit, was never withdrawn, and * * * required the recipient to retain--indefinitely--the documents within its scope."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 hisPage: Previous 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 Next
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