- 19 - v. Commissioner, 21 T.C. 678, 687 (1954). It is possible for reasonable reliance on a competent agent to be a sufficient defense to fraud. Davis v. Commissioner, 184 F.2d 86, 88 (10th Cir. 1950), remanding a Memorandum Opinion of this Court. Generally, such reliance indicates an absence of fraudulent intent only when the agent has been provided with complete information and there is no other evidence indicating fraudulent intent. Merritt v. Commissioner, 301 F.2d 484, 487 (5th Cir. 1962), affg. T.C. Memo. 1959-172. There are several problems with petitioner's placing the blame for his underpayment of taxes with Mr. Pressley. First, Mr. Pressley testified that after petitioner informed him of income from Mr. Hall, he advised petitioner to obtain a Form 1099 from Mr. Hall. When petitioner told Mr. Pressley that it would not be possible to obtain the information from Mr. Hall, Mr. Pressley advised petitioner to estimate the amount of payments and file an amended return after receiving the correct information. Petitioner chose not to follow this advice and filed his returns showing only the income that he had documentation for. Consequently, we do not find that petitioner relied on Mr. Pressley's advice. Second, petitioner did not provide Mr. Pressley with complete information. In any event, petitioner failed to tell Mr. Pressley about the amounts involved. The unreported payments from Mr. Hall constituted over three times the amount of taxable income reported on petitioner'sPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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