Don A. Chan and Cecilia Chan - Page 29

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            of income on a return has been found to be indicative of                                     
            negligence.  Anders v. Commissioner, 68 T.C. 474, 493 (1977).                                
                  Individual petitioners knew that they received interest                                
            income from the Standard Chartered account.  In addition, the                                
            Standard Chartered account had a substantial balance and earned a                            
            significant amount of interest.  However, petitioners did not                                
            inform their accountant about the interest income or the                                     
            existence of the account.  The bank statements from the Standard                             
            Chartered account were addressed to both petitioner husband and                              
            Lily Chan.  For a time, the statements were sent to the Eastimpex                            
            office.  During the years in issue, the statements were mailed to                            
            an address in Hong Kong.  Petitioner husband gave inconsistent                               
            testimony about where Lily was living during the years in issue.                             
                  Individual petitioners maintain that they reasonably relied                            
            on the Eastimpex bookkeepers to provide tax information to their                             
            tax return preparer because they received mail regarding personal                            
            finances at Eastimpex.  However, individual petitioners admitted                             
            that they received mail regarding interest income at their                                   
            personal address as well as at Eastimpex's offices.  Thus, we                                
            reject petitioners' contention that their failure to report the                              
            interest income was a reasonable oversight.  We find that                                    
            individual petitioners are negligent and lack substantial                                    
            authority with regard to their failure to report interest income                             
            from the Standard Chartered account and are liable for the                                   
            additions to tax.                                                                            




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