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invariably over the telephone. Second, petitioner has never
disclosed details regarding his own personal financial status to
his brother. Petitioner’s reticence in making disclosures to his
brother is illustrated by the following passage from the trial
transcript:
Q: Mr. Barber, we’ve heard a lot about your
brother. You rely on him almost exclusively for
investment advice?
A: I rely on him as a major [source] of advice.
As I indicated earlier I also have an Olde [brokerage
firm] stockbroker that’s done pretty good too. But my
brother’s support goes back a long time because he’s
been an enrolled agent and tax preparer for a long
time, and certainly whenever I have a complex tax
question or things like that, I do go to him.
Q: Okay. Did you ask your brother about how to
prepare the form to attach to your 1982 return?
A: No, I did not. I only ask him questions over
the phone. I don’t show him my own personal financial
data. I do keep that separate from him.
Q: Okay. So he doesn’t have a full picture of
your financial status, so to speak?
A: Probably not.
Q: So he doesn’t know how much money you earn?
A: Right.
Q: He doesn’t know all the different investments
that you end up making?
A: I don’t talk to him about my Olde stock,
because that’s through my stockbroker I do that.
Q: Okay. So you call upon him when you want some
advice from him?
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