- 37 - offered no evidence showing that either a benefit accrued to CFC or a benefit did not accrue personally. We therefore hold that Mr. Cordes received constructive dividends with respect to the amounts CFC paid to him as interest on the three loans, to the extent the amounts of those payments exceed the amounts allocated as interest income in accordance with our holding supra. We sustain respondent’s determination with regard to this issue. C. Fraud Penalty Against CFC Respondent determined CFC was liable for a civil fraud penalty in the amount of $9,773 for 1991, pursuant to section 6663. Respondent based his determination on CFC’s understatement of income attributable to $35,349 from late fees received. CFC filed an amended return for 1991 reflecting CFC’s receipt of this income. The parties stipulated that this issue of whether CFC is liable for the civil fraud penalty for 1991 would be resolved on the same basis as that in the final decision in Cordes Fin. Corp. v. Commissioner, T.C. Memo. 1997-162, affd. without published opinion 162 F.3d 1172 (10th Cir. 1998). In Cordes Fin. Corp., we sustained respondent’s determination of fraud for the 1990 taxable year because Mr. Cordes, as CFC’s president, schemed to divert and disguise the diverted income. CFC appealed our decision to the Court of Appeals for the Tenth Circuit. However, as the Court of Appeals stated in note 1 to its unpublished opinion, CFC did not dispute our holding as to the fraud penaltyPage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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