- 23 - 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...)Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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