- 136 - information that assisted C&L with petitioners' tax planning strategy and to claim ignorance of any other information. Cf. United States v. Jewell, 532 F.2d 697, 700 (9th Cir. 1976) (defining "willful blindness"); United States v. Aleman, 728 F.2d 492, 494 (11th Cir. 1984). C&L suggested tax-avoidance strategies, and petitioners tried to comply with C&L's recommendations, even when petitioners believed that compliance involved fabricating documents. C&L failed to advise petitioners fully as to their obligations and failed to make any effort to obtain the correct facts. These failures, coupled with C&L's use of the "form" created by the false documents, amounted to tacit advice by C&L that petitioners' actions were not only acceptable but desired. C&L's tacit approval caused petitioners to continue in the practice-- C&L suggested the plan, petitioners responded, and C&L continued with the next tax planning strategy. The Spanish investors were sophisticated businessmen, but they relied on C&L to advise them with respect to the requirements of U.S. law. We agree that there are many badges of fraud present in these cases. We conclude, however, that respondent has not negated the alternative explanation, petitioners' reliance on C&L, by clear and convincing evidence. Moreover, respondent has not proven the falsity of the disallowed deductions by clear and convincing evidence. The additions to tax and penalties for fraud will not be sustained.Page: Previous 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 Next
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