- 23 - 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.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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