- 24 - 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 orPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011