Timothy Dean Strong - Page 44

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          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.                               














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