- 44 - 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).Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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