Padgett Coventry Price - Page 36

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          Accordingly, we shall not disregard his testimony in reaching our           
          findings and conclusions.                                                   
                    2.   Reliance on Return Preparer                                  
               According to petitioner, she placed statements and memoranda           
          regarding her Merrill Lynch account into sealed envelopes that              
          were sent to Mr. Reiter.  We conclude that petitioner did not               
          send these memoranda or the Merrill Lynch statements to Mr.                 
          Reiter.  Rather, petitioner fabricated these memoranda long after           
          the fact.                                                                   
               If petitioner had told Mr. Reiter that she had distributed             
          taxable amounts directly to her personal accounts, he would have            
          relayed that information to his staff and made sure the                     
          additional income was reported on petitioner’s tax return.  The             
          evidence is clear that petitioner failed to inform Mr. Reiter of            
          the income she diverted to her Merrill Lynch account and she                
          failed to provide Mr. Reiter with her Merrill Lynch account                 
          records.                                                                    
               The jury in her criminal trial convicted petitioner on all             
          three counts.  Accordingly, they rejected her good faith reliance           
          on her return preparer defense, regarding 1989, 1990, and 1991,             
          as they were instructed they must acquit her if they believed               
          this defense.                                                               
               The income was not reported on her returns not because Mr.             
          Reiter made a mistake, but because petitioner concealed the                 






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