Mario Biaggi and Estate of Marie Biaggi - Page 14




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            taxpayer may be liable for an addition to tax for fraud, even                              
            where he causes the income to be reported on the returns of                                
            family members or others and pays the taxes due thereon.  See                              
            Hecht v. Commissioner, 16 T.C. 981, 987 (1951); Lang v.                                    
            Commissioner, T.C. Memo. 1961-134 (taxpayer could not excuse                               
            himself of understatement of tax due to fraud by shifting his                              
            income to family members).  In any event, petitioner never                                 
            instructed his son to report the receipt of the stock or its sale                          
            in 1985 and merely assumed his son properly reported the income.                           
                  Petitioner argues that his reliance on his accountants is a                          
            defense to fraud.  “Reliance on a bookkeeper or accountant is no                           
            defense to fraud if the taxpayer failed to provide the accountant                          
            ‘with all of the data necessary for maintaining complete and                               
            accurate records’”.  Korecky v. Commissioner, 781 F.2d 1566, 1569                          
            (11th Cir. 1986) (quoting Merritt v. Commissioner, 301 F.2d 484,                           
            487 (5th Cir. 1962), affg. T.C. Memo. 1959-172), affg. T.C. Memo.                          
            1985-63.  Since petitioner admits that he never told his                                   
            accountants that he owned the Wedtech stock, his reliance on his                           
            accountants is not a defense to fraud.                                                     
                        c.  Conclusion                                                                 
                  We sustain respondent’s additions to tax on account of fraud                         
            under section 6653(b)(1).                                                                  










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