Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 236

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            documents from the IRS, or to simply turn the documents over to                             
            Kanter.  TACI and PSAC had a standing policy of refusing to turn                            
            documents over to anyone other than their owner.                                            
                  Kanter’s campaign of obfuscation and delay was particularly                           
            evident during summons enforcement proceedings.  The District                               
            Court, in two separate rulings, concluded Kanter failed to                                  
            cooperate, acted in bad faith, and allowed documents to be                                  
            destroyed even after the IRS summonses for those documents had                              
            been issued.  First, the District Court observed:  (1) Weisgal                              
            testified that, after receiving a summons to compel production of                           
            documents, some summoned documents relating to the Kanters had                              
            been turned over to TACI, and some documents were discarded as                              
            part of an alleged 3-year record retention policy;124 and (2)                               
            Gallenberger testified that she disposed of some documents                                  
            related to Kanter after receipt of the IRS summons.  United                                 
            States v. Administration Co., 74 AFTR 2d 94-5252, 94-2 USTC par.                            
            50,479 (N.D. Ill. 1994).  In addition, the District Court went on                           
            to conclude that Kanter acted in bad faith inasmuch as he first                             
            promised to produce the documents sought from TACI, PSAC, THC,                              
            and other Kanter-related entities and then abruptly asserted in                             
            early February 1994 that the entities in question were third-                               


                  124  The alleged record retention policy was, at best,                                
            applied inconsistently.  In any event, the alleged policy                                   
            provided no excuse for destroying documents that were the subject                           
            of an outstanding IRS summons.                                                              





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