Cordes Finance Corporation - Page 24

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                benefit and use of Mr. Cordes and his family.  Petitioner                                
                concedes that it omitted gross receipts in the amount of                                 
                $251,462.15 from its 1990 return, including the $127,889                                 
                with respect to which respondent determined the fraud                                    
                penalty.  Respondent has also proven that the omission of                                
                income in the amount of $127,889 was accomplished through                                
                a scheme designed by petitioner's president, Mr. Cordes, to                              
                divert petitioner's collection of late charges, bankruptcy                               
                receipts, and miscellaneous other receipts to shareholder                                
                loan account 312, and thereby to disguise the omitted                                    
                income as loans or advances from Mr. Cordes and his family.                              
                Mr. Cordes instructed petitioner's bookkeeper to book the                                
                subject receipts to account 312, rather than to an income                                
                account.                                                                                 
                      Furthermore, during the audit, respondent's agent                                  
                asked Mr. Cordes for petitioner's bank records in order                                  
                to make a bank deposits analysis.  Mr. Cordes refused the                                
                agent's request and forced the agent to obtain the records                               
                directly from the bank.  Mr. Cordes' refusal to cooperate                                
                with respondent's agent suggests that he intended to                                     
                conceal petitioner's omission of the income in account                                   
                312.  Cf. Zell v. Commissioner, supra at 1146.                                           
                      We reject petitioner's contention that it relied in                                
                good faith on the professional advice of its accountants.                                
                There is no evidence in the record that petitioner's                                     
                outside accountants were aware of the omitted receipts or                                



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