- 47 - 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.Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
Last modified: May 25, 2011