- 43 - imposing the fraud penalty under section 6663. Clayton v. Commissioner, 102 T.C. 632, 653 (1994). A corporation can act only through its officers and does not escape responsibility for acts of its officers performed in that capacity. DiLeo v. Commissioner, 96 T.C. at 875. It follows that corporate fraud necessarily depends upon the fraudulent intent of the corporate officers. Id. In determining whether SCC acted with the requisite fraudulent intent, we must consider the actions of Mr. Strong, SCC’s president and sole shareholder. The pertinent questions are: (1) Whether Mr. Strong had sufficient control of the corporation that his fraudulent acts should be imputed to the corporation and (2) whether Mr. Strong was acting on behalf of, and not against the interests of, SCC. See Ruidoso Racing Association, Inc. v. Commissioner, 476 F.2d 502, 506 (10th Cir. 1973), affg. in part and remanding in part on another ground T.C. Memo. 1971-194; Botwinik Bros., Inc. v. Commissioner, 39 T.C. 988, 996 (1963); Federbush v. Commissioner, 34 T.C. 740, 750 (1960), affd. per curiam 325 F.2d 1 (2d Cir. 1963); Moore v. Commissioner, T.C. Memo. 1977-275, affd. 619 F.2d 619 (6th Cir. 1980). Mr. Strong was the sole shareholder, officer, and director of SCC and had control over its activities. He diverted proceeds for his own use that belonged to SCC. Given Mr. Strong’s limited education, lack of tax experience, and existence as SCC’s onlyPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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