- 28 - underpayment and the taxpayer acted in good faith with respect to such portion. Sec. 6664(c)(1). The determination of whether the taxpayer acted with reasonable cause and in good faith depends upon the pertinent facts and circumstances. Sec. 1.6664-4(b)(1), Income Tax Regs. Petitioner husband is an experienced businessman who devised a bewildering payment system between two related corporations which he controlled. Eastimpex admitted that its purpose in using the two-tier payment system was to help Shin conceal income from the Taiwanese Government. Eastimpex also used the payment system to increase the amount it claimed as the cost of goods sold knowing that it would be unable to substantiate the deposited amounts. In addition, individual petitioners used the two-tier payment system to divert funds to their relatives. We find that individual petitioners and Eastimpex acted negligently and without substantial authority with regard to the deposited amounts and are liable for the above additions to tax and penalty as determined by respondent. In addition to the additions to tax and penalty with respect to the issues involving the deposited amounts, respondent also determined additions to tax against individual petitioners under section 6653(a)(1)(A) and (B) for 1987, under section 6653(a)(1) for 1988, and under section 6661 for 1987 and 1988 attributable to their omission of interest income from the Standard Chartered account from their tax returns. Failure to report large amountsPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011