-305- 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.Page: Previous 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 Next
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