-62- These freewheeling activities generated income subject to tax for petitioners. Robert understood enough about Federal income tax laws to understand this. Many of the entities he created were advertised as entities that could facilitate tax shelter investments, or that could prepare or assist in preparing Federal income tax returns. Yet Robert failed to report substantial amounts of the income thus generated. Petitioners filed their 1980 tax return about 3 months late. They did not file their 1981 and 1982 tax returns until after the notices of deficiency were issued, many years late. Even then, they failed to report substantial amounts of their income. In his opening statement Robert claimed as follows: As to the 1981, 1982, failure to file, under advice of counsel because of an ongoing fraud investigation by a Norman Heidleberger, it was -- the advice was given to us by counsel not to file income tax returns. That to file the tax return could adversely affect us in the way of a criminal investigation so therefore following counsel's advice we did not file. Robert testified, but he did not repeat under oath this contention from his opening statement. Monica testified as follows: the advice from Mr. Moore was to clear up the criminal investigation which had already ensued before filing another tax return. The following colloquy then occurred: BY MR. HILL: Q. Mrs. Iles, you testified as to advice from Mr. Moore with respect to the filing of tax returns andPage: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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