- 19 - 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 throughPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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