- 34 - (8) failure to cooperate with tax authorities, see id. at 307-308. A corporation can act only through its officers. See Federbush v. Commissioner, 34 T.C. 740, 749 (1960), affd. per curiam 325 F.2d 1 (2d Cir. 1963). “Corporate fraud necessarily depends upon the fraudulent intent of the corporate officer.” Id. (citing Auerbach Shoe Co. v. Commissioner, 216 F.2d 693 (1st Cir. 1954), affg. 21 T.C. 191 (1953)). In these cases, the individual petitioners each own 50 percent of the stock of Crabtree Investments. They serve as the only two officers of the corporation. On the basis of the entire record, we think the individual petitioners exercised sufficient control over the affairs of Crabtree Investments to justify imputing their actions to Crabtree Investments. See Auerbach Shoe Co. v. Commissioner, supra at 697. As to the fraudulent intent prong of the fraud analysis, respondent asserts that the following items of circumstantial evidence indicate fraud: (1) Understatement of income; (2) inadequate records; (3) implausible explanations of the unreported income; (4) petitioners’ decision to rebuild the business after the fire destroyed it; and (5) petitioners’ failure to report a robbery at gunpoint due to their fear of an IRS audit.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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