- 5 -
consideration of the entire record), affd. without published
opinion 578 F.2d 1383 (8th Cir. 1978). Petitioner relied on Mr.
Pisano to accurately prepare his returns and believed that the
travel and entertainment expense reimbursements had been taken
into account. See Marinzulich v. Commissioner, 31 T.C. 487, 490
(1958) (holding that a petitioner’s reliance upon his accountant
to prepare an accurate return may indicate an absence of
fraudulent intent). With respect to petitioner’s use of the
Oliva account, he intended to circumvent company, rather than
tax, rules. Accordingly, respondent’s determinations relating to
1986, 1987, and 1988 are barred. Respondent’s determination
relating to 1989, however, is sustained because petitioner’s
conviction, pursuant to section 7201, estops him from challenging
respondent’s fraud determination relating to that year. Blohm v.
Commissioner, 994 F.2d 1542, 1544 (11th Cir. 1993), affg. T.C.
Memo. 1991-636.
Contentions we have not addressed are irrelevant, moot, or
meritless.
To reflect the foregoing,
Decision will be entered
Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011