- 56 - 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.Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
Last modified: May 25, 2011