- 52 - the fraudulent acts and intent of corporate officers. Auerbach Shoe Co. v. Commissioner, 216 F.2d 693 (1st. Cir. 1954), affg. 21 T.C. 191 (1953); DiLeo v. Commissioner, supra; Federbush v. Commissioner, supra. Generally, courts have recognized that in limited situations, because of mental incapacity or disease, a taxpayer may not have the requisite fraudulent intent. See Farber v. Commissioner, 43 T.C. 407, 421-422 (1965); Hollman v. Commissioner, 38 T.C. 251, 259-260 (1962). We concluded in a prior opinion in these consolidated cases that for 1983 Elvin, but not YOC, is collaterally estopped from denying civil tax fraud. Yarbrough Oldsmobile Cadillac, Inc. v. Commissioner, T.C. Memo. 1993-20. We therefore must now decide whether Elvin is liable for the fraud additions to tax for 1984, 1985, and 1986, and whether YOC is liable for the fraud additions to tax for 1983, 1984, and 1985. Petitioners, as indicated above, disagree with the substantive merit of many of the adjustments respondent has made, and petitioners therefore argue that no significant underpayment of tax was reflected on petitioners' and on YOC's Federal income tax returns as filed. Petitioners also argue that the adverse effects of Elvin's brain tumor precluded Elvin from forming any fraudulent intent. Petitioners argue that, in the preparation of the tax returns, Elvin relied on YOC's accountant, that Elvin did not sign YOC'sPage: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
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