Sam and Anna Zhadanov, et al. - Page 20




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          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 not            






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