Joan Walters, f.k.a. Joan Gherman, and Henry Gherman - Page 56

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          we believe that the prior audits and grand jury investigation               
          would not cause Ms. Walters to suspect that Mr. Gherman was                 
          embezzling money from the accounts of FIP's clients.                        
               Third, during 1984, Ms. Walters requested that she be                  
          removed from FIP's payroll because she wanted to avoid trouble in           
          the future with the IRS.  Furthermore, Ms. Walters knew that                
          following the audits and the grand jury investigation, the                  
          accountants who prepared the tax returns for FIP and petitioners            
          began to take a closer look at large and extraordinary items,               
          especially expense items, reported on the tax returns and that              
          after they were prepared, the returns were reviewed by attorneys            
          who specialized in tax matters before being presented to                    
          petitioners for their signature.  We are persuaded that, as far             
          as Ms. Walters knew, she had taken appropriate action to assure             
          herself that the returns were proper and correct.                           
               Finally, we do not agree that Ms. Walters blindly accepted             
          petitioners' tax returns.  While she may not have reviewed the              
          returns in depth, Ms. Walters knew that the returns had been                
          prepared by a C.P.A. and then reviewed and approved by attorneys            
          who specialized in tax matters before the returns were given to             
          petitioners for signature.  Furthermore, Ms. Walters sought and             
          received assurances from Mr. Gherman that the returns were                  
          properly prepared before she signed them.  Accordingly, we are              
          persuaded that Ms. Walters satisfied her duty to inquire as to              
          the accuracy of the joint tax returns.                                      



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