Cordes Finance Corporation - Page 25

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                that they advised petitioner or any of its employees to                                  
                book the omitted receipts to account 312 rather than to                                  
                an income account.  This was done on the instructions of                                 
                Mr. Cordes.  Under these circumstances, petitioner's                                     
                claim of reliance on its accountants is without merit.                                   
                Moreover, even if petitioner's certified public accountants                              
                had given such advice with knowledge of all of the relevant                              
                facts, the advice would have been so clearly wrong that we                               
                could not find that petitioner relied upon the advice in                                 
                good faith.  See Laverne v. Commissioner, 94 T.C. 637,                                   
                652-653 (1990), affd. 956 F.2d 274 (9th Cir. 1992), affd.                                
                without published opinion sub nom. Cowles v. Commissioner,                               
                949 F.2d 401 (10th Cir. 1991); Horn v. Commissioner, 90                                  
                T.C. 908, 942 (1988).  Accordingly, we sustain respondent's                              
                determination of the fraud penalty under section 6663(a) as                              
                to the underpayment attributable to $127,889 of omitted                                  
                income.                                                                                  
                      Finally, we reject petitioner's argument that the                                  
                fraud penalty under section 6663(a) should not be                                        
                imposed because there is no "underpayment".  The term                                    
                "underpayment" is defined by section 6664(a), as follows:                                

                      the term "underpayment" means the amount by which                                  
                      any tax imposed by this title exceeds the excess                                   
                      of--                                                                               
                            (1) the sum of--                                                             
                                  (A) the amount shown as the tax                                        
                            by the taxpayer on his return, plus                                          



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