- 55 - excess of $800,000. Respondent asserts that Ms. Walters nevertheless made no attempt to ascertain that the joint tax returns were true and correct. We disagree with respondent, for several reasons. First, FIP's clients generally were well-educated, successful professional business men and women who remained clients of FIP for many years. Mr. Gherman did not keep secret from FIP's clients the fact that he was not discharged in the 1969 bankruptcy. Nonetheless, FIP's clients relied on Mr. Gherman's advice and trusted him to handle their financial affairs honestly and fairly. Similarly, we are persuaded that Mr. Gherman's failure to obtain a discharge in the 1969 bankruptcy would not cause Ms. Walters to suspect that Mr. Gherman was embezzling money from FIP's clients. Second, the embezzlement of millions of dollars from accounts of FIP's clients was not related or even similar to the activities cited by respondent. None of those prior activities, furthermore, resulted in a criminal indictment. Moreover, the prior audits of petitioners' tax returns did not involve the failure to report income from an illegal activity and those audits were settled with respondent's conceding the imposition of additions to tax for fraud as well as a substantial portion of the deficiencies. Ms. Walters knew that the IRS had dropped its fraud investigation of Mr. Gherman and that the grand jury did not bring an indictment against him. Under those circumstances,Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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