- 46 - unspecified amount was embezzled by a former employee, but the only support they cite is the assertion of counsel during trial that the employee was indicted. There is neither testimony nor documentary evidence to substantiate the claim, and indictment alone would not establish anything. (Counsel was warned several times during trial that such assertions would be given no weight.) They argue that they are handicapped by the Government’s seizure of records, but the Court found that the records were returned to them. They imply that certain witnesses have grudges and are biased, but they have failed to discredit the testimony given by those witnesses. They assert that they did not take additional steps that would have indicated fraud, such as asking that their mortgages be repaid in cash; these arguments are unavailing. Presumably the borrowers wanted evidence of interest payments for their own purposes. In any event, it is not a defense that petitioners did not do more to further their fraud. Petitioners contend that they relied on their accountants to prepare accurate returns, and reasonable reliance on a competent agent may be a sufficient defense to fraud. However, such reliance indicates an absence of fraudulent intent only when the agent has been provided with complete information from which an accurate return could have been prepared and there is no other evidence indicating fraudulent intent. Merritt v. Commissioner,Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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