Lawrence J. Polidori - Page 23

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          4. Concealment of Income or Assets.                                         
               The concealment of income or assets is an indicium of fraud.           
          Bradford v. Commissioner, supra at 307-308.  Petitioner created             
          and maintained an interest bearing foreign bank account to which            
          he made numerous deposits during the years at issue.  When                  
          petitioner filed his tax returns for taxable years 1980, 1981,              
          1982, 1983, and 1986, he concealed the existence and content of             
          that account by leaving blank that portion of each Schedule B               
          which specifically inquired as to the existence of such assets.             
          Similarly, when he filed his tax returns for taxable years 1984             
          and 1985, petitioner concealed the existence and content of the             
          foreign account by explicitly stating on each Schedule B that he            
          did not maintain a foreign account during the taxable year.                 
          Through these representations, petitioner concealed the interest            
          earned on the foreign account.  Such concealment is evidence of             
          fraud.  Bradford v. Commissioner, 796 F.2d 303 (9th Cir. 1986).             
               Additionally, petitioner concealed the existence of the                
          foreign account from his accountant.  Concealment of information            
          from an accountant is evidence of fraud.  Korecky v.                        
          Commissioner, 781 F.2d 1566, 1569 (11th Cir. 1986), affg. T.C.              
          Memo. 1985-63.  Reliance upon an accountant to prepare accurate             
          returns may negate fraudulent intent if the accountant has been             
          supplied with all the information necessary to prepare the                  
          returns.  Estate of Temple v. Commissioner, 67 T.C. 143, 162                
          (1976).  This has not occurred in the instant case.                         




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