Salih M. Zamzam and Mariam Zamzam - Page 9




                                        - 9 -                                         
          inadequate books and records, failure to file returns,                      
          concealment of assets, failure to cooperate with tax authorities,           
          and participation in or concealment of illegal activities.  See             
          Niedringhaus v. Commissioner, 99 T.C. 202, 211 (1992).                      
               A. Fraud Penalty Relating to the Zamzams                               
               A taxpayer convicted under section 7201 is collaterally                
          estopped from denying liability for the civil fraud penalty                 
          because the elements of criminal tax evasion and civil fraud are            
          identical.  See Moore v. United States, 360 F.2d 353, 356 (4th              
          Cir. 1965).  Thus, having been convicted of criminal tax evasion            
          pursuant to section 7201, the Zamzams are liable for the section            
          6663(a) fraud penalty.  In addition, the Zamzams failed to                  
          establish, pursuant to section 6663(b), that any portion of their           
          underpayment was not attributable to fraud.  Accordingly, the               
          penalty applies to the entire underpayment of tax for 1990                  
          through 1994.                                                               
               B.   Fraud Penalty Relating to ZMDI                                    
               Dr. Zamzam was the president and sole shareholder of ZMDI,             
          and the Zamzams fraudulently diverted corporate receipts into               
          personal accounts.  As a result, his actions are imputed to ZMDI.           
          See Loftin & Woodward, Inc. v. United States, 577 F.2d 1206, 1244           
          (5th Cir. 1978)(holding that the court may impute the fraud of a            
          controlling shareholder or officer to the corporation).  The                
          failure to report significant corporate income, false statements            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011