Ann E. Bartak - Page 8

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               Mr. Bartak provided petitioner the Hoyt partnerships’                  
          brochures.  Mr. Bartak did not deny petitioner access, or hide              
          from petitioner, any documents related to their investment in the           
          Hoyt partnerships.  Mr. Bartak wanted petitioner to look at the             
          Hoyt organization’s materials and to hear what petitioner thought           
          about the Hoyt partnerships.                                                
               One of the promotional materials petitioner and Mr. Bartak             
          received included the following language under the heading                  
          Specific Risks Involved:  “A change in the tax laws or an audit             
          and disallowance by the IRS could take away all or part of the              
          tax benefits, plus the possibility of having to pay the tax along           
          with penalties and interest”.  It further stated:                           
               This term [“decapitated”] is crude, but it is a concept                
               that is very applicable to the comparison of having a                  
               disallowance of your tax deductions by the Internal                    
               Revenue Service.  The prospect of having to pay the                    
               taxes when you have put your tax money into the cattle,                
               and it’s gone, is a financial wreck.                                   
          The brochure went on to state that there was no assurance that              
          things would be “O.K.” and:                                                 
               If you’re like most people, your first impression of a                 
               W.J. HOYT SONS livestock purchase was “this deal looks                 
               to good to be true”!  We know you’ve heard “if a deal                  
               looks to good to be true, it probably is”.  You                        
               probably looked at this business and thought at first                  
               “no way can that be legal”.                                            
               You only considered going into the cattle business                     
               after you heard about the tax benefits.  Tax benefits                  
               were your incentive to look at this kind of business.                  








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