Association Cable TV, Incorporated - Page 15

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            or not the sale to JSL was completed.  Additionally, the sale of                            
            ACT's assets to JSL did not constitute a sale of ACT's sole asset                           
            because ACT still had outstanding contracts.                                                
                  Respondent has proven by clear and convincing evidence that                           
            ACT had not adopted an informal plan of liquidation as required                             
            by section 337.  Petitioner has admitted that the minutes that                              
            were provided to the IRS with ACT's 1988 Form 1120 tax return                               
            were false because they were created after the sale, backdated,                             
            and documented a meeting that did not occur.                                                
                  Because neither a formal nor an informal plan of liquidation                          
            existed prior to or on the sale date of the ACT assets to JSL,                              
            ACT is ineligible for the nonrecognition provisions of section                              
            337; therefore, ACT must recognize gain on the sale of its assets                           
            to JSL.                                                                                     
            Additions to Tax                                                                            
                  The addition to tax in the case of fraud is a civil sanction                          
            provided primarily as a safeguard for the protection of the                                 
            revenue and to reimburse the Government for the heavy expense of                            
            investigation and the loss resulting from the taxpayer's fraud.                             
            Helvering v. Mitchell, 303 U.S. 391, 401 (1938).  In addition to                            
            proving an underpayment, as discussed above, respondent must                                
            prove that petitioner failed to report the gain on the sale of                              
            its assets with the intent to conceal, mislead, or otherwise                                
            prevent the collection of tax.  See Stoltzfus v. United States,                             






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