Walter L. Medlin - Page 55

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               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.                                 




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