- 43 -                                                   
                  (v) Failure to file tax returns                                                         
                  Petitioner's failure to file tax returns in 1986 or 1987                                
            serves as yet another indicator of fraud.  Bradford v.                                        
            Commissioner, 796 F.2d at 307-308.  Petitioner's admitted                                     
            understanding that he was obliged to file returns during those                                
            years reinforces the strength of this badge of fraud.                                         
                  (vi) Failure to cooperate with tax authorities                                          
                  Failure to cooperate with tax authorities is a badge of                                 
            fraud.  Zell v. Commissioner, 763 F.2d 1139, 1145-1146 (10th Cir.                             
            1985) (taxpayer's open defiance of tax laws helped establish his                              
            intent to commit tax fraud), affg. T.C. Memo. 1984-152; Powell v.                             
            Granquist, 252 F.2d 56, 61 (9th Cir. 1958) (taxpayer's open                                   
            defiance of tax laws helped establish his intent to commit tax                                
            fraud).  By contrast, a taxpayer's active cooperation may be a                                
            factor in finding no fraud.  Jones v. Commissioner, 259 F.2d 300,                             
            303 (5th Cir. 1958) (taxpayer's cooperation by making his books                               
            readily available to authorities was one factor in finding no                                 
            fraud), revg. and remanding 25 T.C. 1100 (1956); Chin v.                                      
            Commissioner, T.C. Memo. 1994-54 (showing of cooperation by                                   
            trying to correct past mistakes was one indication that there was                             
            no fraud).  In this instance, petitioner deliberately failed to                               
            cooperate with the Government during the course of his audit for                              
            1986 and 1987, albeit at his counsel's advice.                                                
                  Reliance on an attorney or another tax preparer may                                     
            constitute a defense against fraud if the taxpayer relied upon                                
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