Sam and Anna Zhadanov, et al. - Page 19




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          dealings in cash.  We consider these badges as appropriate in               
          deciding whether Vortex and the Zhadanovs are liable for the                
          fraud penalty for any of the years at issue.                                
          III.  Vortex Issues                                                         
               A.  The Fraud Penalty Against Vortex for FYEs 1991                     
          and 1992                                                                    
                    1.  The Underpayment Requirement                                  
               Respondent asserts Vortex fraudulently underreported its               
          income for FYEs 1991 and 1992, and fraudulently failed to file a            
          tax return for FYE 1993.  Vortex concedes that it did not include           
          cash receipts from vial sales in gross income for FYEs 1991,                
          1992, and 1993, but disputes that its omission of income for FYEs           
          1991 and 1992, and its failure to timely file its Federal income            
          tax return for FYE 1993 were fraudulent.                                    
                    2.  The Underpayment Due to Fraud Requirement                     
               Respondent determined petitioners were liable for additions            
          to tax and penalties for FYEs 1991 and 1992 under section 6663,             
          which provides: “If any part of any underpayment of tax required            
          to be shown on a return is due to fraud, there shall be added to            
          the tax an amount equal to 75 percent of the portion of the                 
          underpayment which is attributable to fraud.”                               
               In deciding whether a corporation has acted fraudulently, we           
          examine the actions of the corporation’s officers.  DiLeo v.                
          Commissioner, supra at 874; Kahrahb Rest., Inc. v. Commissioner,            
          T.C. Memo. 1992-263 (“A corporation can act only through                    





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