- 139 - notified by C&L's Orlando office that a reporting entity had to report each transaction with a related party on a Form 5472, which should be filed with their tax returns. The Federal tax forms specifically requested information about related parties. Petitioners failed to disclose all of the required information and to file the appropriate Forms 5472. Taxpayers cannot hide behind a claim that they were not aware of the need to provide the information because they did not read their returns. The voluntary failure to read a return and blind reliance on another for the accuracy of a return are not sufficient bases to avoid liability for negligence additions to tax. Bailey v. Commissioner, 21 T.C. 678, 687 (1954). Additionally, petitioners continued to withhold related-party information. During the IRS audit, Santandreu provided a document to the IRS that stated that he did not know the shareholders of Dapy, Manver, Lince, and Promidux. Petitioners were owned and operated by sophisticated businessmen. They did not have to have knowledge of U.S. tax laws or any special training to understand the significance of creating and backdating documents. A central figure with respect to the backdated documents, Onate, was not called by petitioners to testify, notwithstanding the Court's expressed interest in having him called as a witness. Respondent was unable to effectuate service on Onate because Onate was out of the country. Petitioners also did not call A. Gelabert or Segui to testify.Page: Previous 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 Next
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