William T. Butler, Transferee - Page 13




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          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. without                    






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