Sam and Anna Zhadanov, et al. - Page 23




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          the Vortex factory with Alex Srebrianski and U.S. Trading and               
          used the ostensible leasing transaction to launder a portion of             
          the cash generated by the plastic vial sales.  A taxpayer’s                 
          attempt to conceal its illegal activity, particularly when the              
          attempt contributes to the understatement of a taxpayer’s income,           
          is an indication of fraud.  Spies v. United States, 317 U.S. 492,           
          499 (1943).                                                                 
               (6) Extensive Dealings in Cash.  Vortex amassed a                      
          considerable cash hoard and used some of the cash to pay some of            
          Vortex’s expenses, including the cost of raw materials and Alex             
          Srebrianski’s salary.                                                       
               Based on the above, we hold that Vortex’s underpayment of              
          tax resulting from its failure to report proceeds from the sale             
          of plastic vials on its Federal income tax returns for FYEs 1991            
          and 1992 was attributable to fraud and that therefore Vortex is             
          liable for the fraud penalty under section 6663 for each of those           
          years.                                                                      
               B.  The Fraudulent Failure To File Penalty Against                     
               Vortex for FYE 1993                                                    
               Respondent determined that Vortex was liable for the                   
          addition to tax pursuant to section 6651(f)13 for fraudulently              


               13Sec. 6651(a) imposes an addition to tax for late filing              
          equal to 5 percent of the amount required to be shown on the                
          return if a taxpayer files within 1 month of the date prescribed.           
          That section further imposes an additional 5-percent addition to            
          tax for each additional month or fraction thereof that the return           
                                                             (continued...)           





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