- 20 - individuals who are its officers or employees”). The fraud of a sole or dominant shareholder may be attributed to the corporation. E.J. Benes & Co. v. Commissioner, 42 T.C. 358, 383 (1964), affd. 355 F.2d 929 (6th Cir. 1966). In this case, we must consider the actions of Mr. Zhadanov, Vortex’s president and sole shareholder, in deciding whether some portion of Vortex’s underpayments of tax for FYEs 1991 and 1992 was due to fraud. The record in this case is replete with evidence supporting respondent’s determination that Vortex’s underpayments of tax were due to fraud. Among the evidence of fraud in the record are the following: (1) Repeated Understatements of Income. Vortex conceded it failed to report income received from the manufacture and sale of plastic vials for FYEs 1991 and 1992. That failure resulted in underpayments of tax in excess of $28,000 and $85,000, respectively. This failure to report substantial amounts of income over successive years is persuasive evidence of fraudulent intent. Kurnick v. Commissioner, 232 F.2d 678 (6th Cir. 1956), affg. T.C. Memo. 1955-31. (2) Implausible or Inconsistent Explanations of Behavior. Vortex, through Mr. Zhadanov, gave inconsistent and implausible explanations for not depositing the unreported income from vial sales in the bank. First, Mr. Zhadanov claimed that he did not deposit cash into the Vortex checking account because he did notPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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