- 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 statementsPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011