Don A. Chan and Cecilia Chan - Page 28

                                                - 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 amounts                             




Page:  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