Simco Automotive Pump Co., Inc. - Page 19




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          the corporation.  See United States v. Thetford, 676 F.2d 170,              
          175 (5th Cir. 1982).  When arranging the sales with Dix Scrap, he           
          asked that he be paid in cash, and he did not ask for any record            
          of the sales to be sent to Simco.  See Bradford v. Commissioner,            
          796 F.2d 303, 307-308 (9th Cir. 1986), affg. T.C. Memo. 1984-601.           
          He failed to maintain the records of the sales; i.e., the weight            
          tickets.  See Solomon v. Commissioner, 732 F.2d 1459, 1461 (6th             
          Cir. 1984), affg. per curiam T.C. Memo. 1982-603.  He failed to             
          inform Mr. Boyer, his return preparer, about the income from the            
          scrap metal sales until after he learned that Dix Scrap was being           
          audited by the IRS.  See Korecky v. Commissioner, 781 F.2d 1566,            
          1568 (11th Cir. 1986), affg. per curiam T.C. Memo. 1985-63.  The            
          transactions in which the foregoing occurred were not isolated              
          but extensive.  There were 229 separate transactions over a                 
          period of 2-� years.  Based on all the facts and circumstances,             
          we find that John committed fraud in each year in issue in                  
          connection with his failure to report the income from the scrap             
          metal sales.                                                                
          Fraud of Simco                                                              
               A corporation can act only through its officers and agents.            
          See Botwinik Bros. of Mass., Inc. v. Commissioner, 39 T.C. 988,             
          996 (1963).  Thus, the only way Simco would be liable for fraud             
          is if its officers or agents engaged in some fraudulent acts.  In           
          arguing that Simco is liable for fraud, respondent relies largely           





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