J.J. Zand - Page 205

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          accounts or to Diesel Power's Bank of America account were                  
          recorded in the journals.  Mr. Giffin did not know about such               
          payments.                                                                   
               At the time he prepared petitioner's tax returns, Mr.                  
          Giffin was unaware that petitioner had any ownership interest in            
          Diesel Power.  He was similarly unaware that petitioner had an              
          interest in or affiliation with WHIP or All Patents.  He also did           
          not know that petitioner had signatory authority on any foreign             
          bank accounts.                                                              
               Because this information was concealed from Mr. Giffin,                
          petitioner's 1974 and 1975 income tax returns made several false            
          statements.  Not only did the returns fail to include in income             
          the interest earned on petitioner's FNCB London and WHIP                    
          accounts, but the returns were not accompanied by a Form 4683               
          disclosing petitioner's signatory authority over the foreign bank           
          accounts.  Such a form was required to be attached to returns for           
          years after 1975.  When Mr. Dutton, petitioner's subsequent                 
          accountant, filed an amended 1975 return in 1978, still no                  
          disclosure was made of the foreign bank accounts.                           
               On his 1976 income tax return petitioner disclosed the                 
          existence of one FNCB London account on Form 4683, but failed to            
          disclose the WHIP account.  The 1976 foreign bank accounts                  
          disclosure form is also false because it improperly stated that             
          petitioner's interests in foreign bank accounts was less than               





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