Eddie Cordes, Inc., et al. - Page 47




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          ledger cards in excess of those already produced, provided the              
          revenue agent with documents that purported to show that the                
          transferred notes were properly removed from CFC’s books and were           
          not personally owned by Mr. Cordes.  Those documents consisted of           
          purported lien releases, each dated to coincide with the date the           
          note was removed from CFC’s records.  The Oklahoma Tax                      
          Commission’s records, however, evidenced that the liens were                
          actually released on later dates, indicating that those notes               
          were outstanding beyond the date CFC removed them from its                  
          records.  Mr. Cordes did not deny that the Oklahoma Tax                     
          Commission’s records were accurate.  It appears Mr. Cordes, or              
          someone acting on Mr. Cordes’s behalf, falsified many of those              
          records, intending to deceive the revenue agent, with the goal of           
          evading taxes known to be owed.  This is yet another strong                 
          indication of fraud.                                                        
               Like CFC, Mr. Cordes’s sole defense to respondent’s                    
          assertion of the fraud penalty was that he reasonably relied, in            
          good faith, on his accountant and the revenue agent.  The facts             
          pertaining to Mr. Cordes’s reliance are identical to those we               
          examined with regard to CFC.  The facts presented do not allow us           
          to find Mr. Cordes reasonably relied on professional advice in              
          good faith.  Mr. Cordes did not show that he ever requested,                
          received, or relied on any advice with regard to the transactions           
          at issue.                                                                   
               Considering all the facts and circumstances, we hold                   
          respondent has clearly and convincingly proven a portion of Mr.             





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