- 13 - filing of a false corporate return and willfully underreporting income relating to his 1988 and 1989 tax returns. The evidence is clear and convincing that Metro’s underpayment of tax was attributable to the fraudulent actions of its officers, McGraw and Butler. See Davis v. Commissioner, T.C. Memo. 1991-603 (holding that the Commissioner may prove intent to evade tax by circumstantial evidence); see also, e.g., Niedringhaus v. Commissioner, 99 T.C. 202, 211 (1992) (evidence of fraud may include substantial understatement of income, inadequate books and records, failure to cooperate with tax authorities, dealing in cash, implausible explanations of conduct given at trial, and participation in or concealment of illegal activities). We reject petitioners’ contention that, in filing Metro’s returns, petitioners relied in good faith on the advice of Metro’s outside accountants. There is no evidence that Metro’s outside accountants knew that Butler and McGraw conspired to omit income and deduct fictitious subcontract expenses. Even if Metro’s outside accountants, having knowledge of all the relevant facts, had instructed petitioners to omit Metro’s income and deduct fictitious subcontract expenses, such advice would have been so clearly wrong that we could not find that petitioners relied upon the advice in good faith. See LaVerne v. Commissioner, 94 T.C. 637, 652-653 (1990), affd. withoutPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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