Key legal question
Whether the omission of gain-loss insurance income constituted attempted tax evasion for federal direct tax
Extracted holding
Yes. The taxpayer filed an incomplete return, the omission was discovered before the assessment became final, and he acted at least with eventual intent despite using a fiduciary.
Extracted reasoning
A taxpayer who signs a return prepared by a fiduciary remains responsible for its accuracy. If he could have recognized the omission with due diligence and the omitted amount was substantial, eventual intent is established.