Jack J. Kramer - Page 44

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            the preparer's advice and actual preparation of the returns to                                
            calculate his taxable income.  See, e.g., Marinzulich v.                                      
            Commissioner, 31 T.C. 487, 490-491 (1958).  However, not yet                                  
            resolved is the tax consequence of whether a taxpayer can rely                                
            upon the advice of an attorney not to cooperate with the IRS                                  
            because of the implications for ongoing criminal investigations                               
            against him.  However, given the limited scope of the privilege                               
            against self-incrimination to protect a taxpayer from charges of                              
            failing to file a return, see, e.g., United States v. Egan, 459                               
            F.2d 997, 998 (2d Cir. 1972), such a shield would not likely                                  
            provide much comfort to petitioner.  However, we need not reach                               
            that issue here, because the presence of all of the other factors                             
            prevents petitioner's failure to cooperate from being the sole                                
            determinant.                                                                                  
                  (b) Causal connection between indicia of fraud and                                      
            petitioner's specific purpose to evade paying taxes                                           
                  The record is replete with the badges of fraud as discussed                             
            above from which we can infer the specific purpose of evading                                 
            taxes.  But the record also contains some evidence that                                       
            petitioner may not have actually intended to fraudulently evade                               
            paying taxes.  The issue is whether, using the indicia of fraud                               
            in the presence of such contrary evidence, we infer from the                                  
            record as a whole that petitioner had the specific purpose to                                 
            evade paying his taxes.  Estate of Temple v. Commissioner, 67                                 
            T.C. 143, 159 (1976).                                                                         





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