Paul L. Tregre, Jr. - Page 23

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               Petitioner contends that he relied on the advice of his                
          accountants in reducing the income received from Besco by the               
          alleged expenses and that such reliance precludes a finding of              
          fraudulent intent.  For petitioner to prevail on his reliance               
          argument, however, he must have provided his accountants with               
          full and correct information.  Estate of Temple v. Commissioner,            
          67 T.C. 143 (1976); see Morris v. Commissioner, T.C. Memo. 1992-            
          635, affd. without published opinion 15 F.3d 1079 (5th Cir.                 
          1994).  In this case, petitioner's alleged reliance does not                
          preclude a finding of fraudulent intent.                                    
               Petitioner maintains that his accountants were fully aware             
          of the "nature" of the payment arrangement between Besco and                
          petitioner when they advised petitioner to take a deduction for             
          the expenses at issue.  This contention does little more than               
          suggest that petitioner's accountants conspired to defraud the              
          Government.  It does not, however, address whether petitioner               
          provided his accountants with full and correct information                  
          regarding the alleged expenses at issue.  Petitioner, not his               
          accountants, handled his affairs.  The record lacks sufficient              
          evidence for us to conclude that petitioner provided his                    
          accountants with full and correct information so as to justify              
          petitioner's reliance on an accountant's advice.  Because                   
          petitioner's return preparer for 1983 testified that he could not           
          recall how petitioner informed him of the alleged expenses at               
          issue, and because petitioner declined to testify, all that is              




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