Yarbrough Oldsmobile Cadillac, Inc. - Page 52

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          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's             




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