- 44 - shareholder, we are not convinced that he fully understood that SCC’s corporate form required a separate tax return. In fact, Mr. Strong formed SCC as a corporation because his attorney recommended it. It has not been shown that Mr. Strong had any expertise in keeping corporate books and records, or that his attorney or accountants instructed him in filing corporate returns. As a result, respondent has not shown by clear and convincing evidence that Mr. Strong’s fraudulent intent extended beyond his desire to conceal income with respect to his personal income tax returns or that SCC’s failure to file tax returns was fraudulent. However, it is clear from the record that SCC did not file Federal income tax returns for 1990-94 without any reasonable explanation. Therefore, SCC is liable for the addition to tax under section 6651(a)(1) for failure to file returns. To reflect the foregoing and concessions by the parties, Decisions will be entered under Rule 155.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44
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