- 48 - gross receipts for both its fiscal 1981 and its fiscal 1982 “is an obvious indication” of its fraudulent intent to evade tax; (3) petitioners’ explanations of Kenmore’s asserted large nontaxable deposits and the reasons for large cash expenditures are so implausible that the giving of the explanations is itself a further indication of fraud; (4) “Kenmore’s * * * pleas to theft and * * * admission to the receipt of income resulting from this theft is further proof of * * * fraudulent intent”; and (5) Kenmore’s “extensive dealings in cash * * *[show its] attempt to conceal corporate assets”. Petitioners contend as follows: (1) Kenmore made a good faith effort to keep adequate records, and was prevented from producing all its records by a burglary of Kenmore’s then- attorney’s office, and by New York State’s auctioning off of the remaining contents of that office; (2) Kenmore was “forced by market conditions to operate for many vital transactions on a cash basis”; and (3) Kenmore did not conceal its income and Gleave “was not educated, and he left the bookkeeping to trusted long term employees, each of whom did the best they [sic] could with the transactions at hand”. We agree with respondent’s conclusion and with some of respondent’s contentions. In weighing Kenmore’s intent and actions, we note that a corporation is a separate entity, created by statute, which acts through its officers, employees and agents. Benes v.Page: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
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