June Cordes, et al. - Page 37




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          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          as the Court of Appeals stated in note 1 to its unpublished                 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 penalty            






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