Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 237

                                                -306-                                                   
            parties over whom he had no control.  Id. at 94-5254, 94-2 USTC                             
            par. 50,479, at 85,769.                                                                     
                  Less than a month later, the same District Court judge held                           
            Gallenberger in contempt for a continuing failure to comply fully                           
            with the IRS summonses.  United States v. Administration Co., 74                            
            AFTR 2d 94-5256, 94-2 USTC par. 50,480 (N.D. Ill. 1994).                                    
            Gallenberger’s contempt citation was affirmed on appeal.  See                               
            United States v. Administrative Enters., 46 F.3d 670 (7th Cir.                              
            1995).                                                                                      
                  We infer from all the facts and circumstances that Ballard                            
            agreed with Kanter’s strategy of obfuscation and delay in a                                 
            deliberate effort to hinder respondent’s efforts in these cases.                            
            I.  Conclusion                                                                              
                  In the light of all these factors, we conclude respondent                             
            has demonstrated by clear and convincing evidence that Kanter and                           
            Ballard filed false and fraudulent tax returns for each of years                            
            at issue.  Specifically, we sustain respondent’s determinations                             
            that (1) Kanter’s underpayments for 1978 to 1984 and 1986 to                                
            1989, attributable to payments from The Five, were due to fraud                             
            with intent to evade tax, and (2) Ballard’s underpayments for                               
            1978 to 1982, 1984, and 1987 to 1989, attributable to payments                              
            from The Five, were due to fraud with intent to evade tax.                                  









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