Timothy Dean Strong - Page 43

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          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 only              






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