Charles L. Fields and Barbara S. Fields - Page 37

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          have an interest in a foreign account during those years.  The              
          1982 return did not report that petitioners had an interest in a            
          foreign account during that year.  None of the subject returns              
          reported the commissions that petitioner earned from ABL, or the            
          interest earned thereon.  All of these misstatements (or                    
          omissions) are due to the fact that petitioner did not tell his             
          accountant/tax preparer (Mr. Schiller) that petitioner had an               
          interest in a foreign account.  We find this factor to be                   
          evidence of fraud.  Korecky v. Commissioner, 781 F.2d 1566, 1569            
          (11th Cir. 1986), affg. T.C. Memo. 1985-63.                                 
                    c.  Legal Advice                                                  
               Petitioner requested and was given legal advice on the                 
          appropriate manner to report his commissions for Federal income             
          tax purposes.  He deliberately ignored this advice.  We find that           
          petitioner's lack of regard for Finley Kumble's advice was for              
          the primary purpose of evading taxes, and we conclude that this             
          factor supports respondent's determination.  Although not                   
          necessary to our conclusion, we note that fraudulent intent can             
          be found by reasonable inference drawn from proof that a taxpayer           
          deliberately closed his or her eyes to what would otherwise have            
          been obvious to him or her.  In other words, a trier of fact may            
          infer that an individual knew of his or her evasion of tax from             
          his or her willful blindness to the existence of that fact.  Of             
          course, the trier of fact must find that the individual actually            
          knew of his or her tax evasion.  A showing of mistake,                      




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