- 37 - 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,Page: 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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