What is the significance of Tax Fraud Defendants Claim Reliance On Accountant's Advice?

Tax Fraud Defendants Claim Reliance On Accountant's Advice is crucial in legal defenses. It highlights the importance of professional guidance in tax matters, which can signNowly impact the outcome of a case. Understanding this concept can help defendants build a stronger defense.

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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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