- 140 - Petitioner did not provide to his return preparer, Mr. Kelly, any checks or other documents relating to his real estate transactions, and he did not disclose to Mr. Kelly the existence or nature of his use of Mr. Miles’s law firm’s trust account. Petitioner provided to Mr. Kelly only spreadsheets reflecting his deposits into and expenditures from his bank accounts.90 Concealing evidence from one’s tax return preparer is indicative of fraud. Ishler v. Commissioner, T.C. Memo. 2002-79. Petitioner’s reliance on spreadsheets of his bank deposits and disbursements to compute his income tax liability was surely misplaced, and there is considerable evidence that he knew this to be the case. Indeed, he was told during the examination of his 1983 and 1984 returns, which occurred prior to filing the returns for the years in issue, that this method of computing taxable income was not acceptable. The duty of filing accurate returns cannot be avoided by placing responsibility upon an agent, especially where the taxpayer has withheld books, records, and other information regarding sources of income, see Bacon v. 89(...continued) Commissioner, 732 F.2d 1459, 1462 (6th Cir. 1984) (“concealment of bank accounts from Internal Revenue agents is yet another sign indicating fraud), affg. T.C. Memo. 1982-603; Grosshandler v. Commissioner, 75 T.C. 1, 20 (1980); Kalo v. Commissioner, T.C. Memo. 1996-482 (taxpayer’s failure to mention foreign bank accounts), affd. without published opinion 149 F.3d 1183 (6th Cir. 1998). 90This same lack of disclosure was apparent in the preparation of petitioner’s 1977-1982 spreadsheets and tax returns involving Mr. Kelly and Mr. Brooks.Page: Previous 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 Next
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