Medieval Attractions N.V - Page 50

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          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.                                                




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