- 28 - the revocation resolution because respondent did not show that respondent had possession of all of SCB’s documents relating to Camaro’s accounts. We disagree. A letter from the legal department of SCB dated September 29, 1997, states that the bank does not have a copy of Camaro’s December 13, 1983, resolution. Petitioners point out that petitioner did not write checks on Camaro’s SCB accounts while he had signature authority over those accounts. That fact is not significant because petitioner could and did direct Choy to make transfers from the Camaro accounts to him or on his behalf. A taxpayer’s use of a complex scheme to divert income from his corporation to third parties he controls may be evidence of the taxpayer’s attempt to conceal income. Bradford v. Commissioner, 796 F.2d 303, 307-308 (9th Cir. 1986), affg. T.C. Memo. 1984-601. Petitioner arranged for payments from NSA to bypass TCM and instead to be paid to Camaro and for payments from various sources, including Midtex Relays, to bypass TCM and be paid to Double D or petitioner. A taxpayer's diversion of corporate funds for his or her personal use is evidence that the taxpayer committed fraud. Solomon v. Commissioner, 732 F.2d 1459, 1460-1461 (6th Cir. 1984), affg. T.C. Memo. 1982-603; United States v. Brill, 270 F.2d 525, 527 (3d Cir. 1959). Petitioner used Camaro to divert NSA payments to himself and to his family and friends through anPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011