Robert E. Iles and Monica M. Iles - Page 62

                                        -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 and                    





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