Ted W. Gleave - Page 48

                                       - 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

Last modified: May 25, 2011