Sam and Anna Zhadanov, et al. - Page 28




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          members of her family took to recover a portion of the forfeited            
          funds.  However, Mrs. Zhadanov did not adequately explain why she           
          was unable to prepare, or arrange for the preparation of,                   
          Vortex’s return in the time between Mr. Zhadanov’s guilty plea              
          and Vortex’s filing deadline.  In addition, Vortex did not make             
          any additional arguments regarding this issue.  We conclude that            
          Vortex has failed to prove that it exercised ordinary business              
          care and prudence or that its failure to file was not due to                
          conscious, intentional, or reckless indifference.  Accordingly,             
          we hold Vortex liable for the addition to tax under section                 
          6651(a) with respect to FYE 1993.                                           
               D.  The Limitations Issue                                              
               Because we have found that Vortex fraudulently                         
          underreported its income and underpaid its income tax for its FYE           
          1991, we hold that respondent is not barred by section 6501(a)              
          from assessing a deficiency with respect to Vortex for its FYE              
          1991.                                                                       
          IV.  The Zhadanov Issues                                                    
               A.  Respondent’s Adjustments to Income                                 
               Respondent has determined that the Zhadanovs had unreported            
          constructive dividend income during each of the years at issue              
          attributable to the unreported cash from vial sales that the                
          Zhadanovs kept in their safe.  In addition, respondent has                  
          determined that Mr. Zhadanov failed to include in income Social             






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