-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.Page: Previous 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 Next
Last modified: May 25, 2011