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Fill and Sign the Tax Fraud Defendants Claim Reliance on Accountants Advice Form

Fill and Sign the Tax Fraud Defendants Claim Reliance on Accountants Advice Form

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17 Good Faith Reliance Upon Advice of Counsel Good faith is a complete defense to t he charge in the indictment since good faith on the part of t he Defendant is inconsistent with t he existence of willfulness which is an essential part of the charge. The burden of proof is not on the Defendant t o prove good faith, of course, since the Defendant has no burden to prove anything. The Government must establish beyond a reasonable doubt that the Defendant acted willfully as charged in the indictment. So, a Defendant would not be "willfully " doing wrong if, before taking any action with regard to the alleged offense, t he Defendant consult ed in good faith an attorney whom t he Defendant considered competent, made a full and accurate report t o t hat attorney of all material facts of which the Defendant had the means of know ledge, and then acted strictly in accordance w it h t he advice given by t hat attorney. Whether the Defendant acted in good fait h for t he purpose of seeking advice concerning questions about which the Defendant was in doubt, and whether the Defendant made a full and complete report to the attorney, and whet her the Defendant acted strictly in accordance with the advice received, are all quest ions f or you t o determine. ANNOTATIONS AND COMMENTS Unit ed States v. Eisenstein, 731 F.2d 1540, 1544 (11t h Cir. 198 4) approved similar instruct ion.

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