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the corporation. See United States v. Thetford, 676 F.2d 170,
175 (5th Cir. 1982). When arranging the sales with Dix Scrap, he
asked that he be paid in cash, and he did not ask for any record
of the sales to be sent to Simco. See Bradford v. Commissioner,
796 F.2d 303, 307-308 (9th Cir. 1986), affg. T.C. Memo. 1984-601.
He failed to maintain the records of the sales; i.e., the weight
tickets. See Solomon v. Commissioner, 732 F.2d 1459, 1461 (6th
Cir. 1984), affg. per curiam T.C. Memo. 1982-603. He failed to
inform Mr. Boyer, his return preparer, about the income from the
scrap metal sales until after he learned that Dix Scrap was being
audited by the IRS. See Korecky v. Commissioner, 781 F.2d 1566,
1568 (11th Cir. 1986), affg. per curiam T.C. Memo. 1985-63. The
transactions in which the foregoing occurred were not isolated
but extensive. There were 229 separate transactions over a
period of 2-� years. Based on all the facts and circumstances,
we find that John committed fraud in each year in issue in
connection with his failure to report the income from the scrap
metal sales.
Fraud of Simco
A corporation can act only through its officers and agents.
See Botwinik Bros. of Mass., Inc. v. Commissioner, 39 T.C. 988,
996 (1963). Thus, the only way Simco would be liable for fraud
is if its officers or agents engaged in some fraudulent acts. In
arguing that Simco is liable for fraud, respondent relies largely
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