Leon M. and Mary K. Jaroff - Page 29

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          transactions]."  In view of the disproportionately large tax                
          benefits claimed on petitioners' Federal income tax returns,                
          relative to the dollar amounts invested, further investigation of           
          the Partnership transactions clearly was required.  A careful               
          consideration of the materials in the offering memoranda in these           
          cases, especially the discussions of high writeoffs and risk of             
          audit, should have alerted a prudent and reasonable investor to             
          the questionable nature of the promised deductions and credits.             
          See Collins v. Commissioner, 857 F.2d 1383, 1386 (9th Cir. 1988),           
          affg. Dister v. Commissioner, T.C. Memo. 1987-217; Sacks v.                 
          Commissioner, T.C. Memo. 1994-217, affd. 82 F.3d 918 (9th Cir.              
          1996).  A reasonably prudent person would not conclude without              
          substantial investigation that the Government was providing tax             
          benefits so disproportionate to the taxpayers' investment of                
          their own capital.                                                          
               Petitioners' reliance upon the Court of Appeals for the                
          Ninth Circuit's partial reversal of our decision in Osterhout v.            
          Commissioner, T.C. Memo. 1993-251, affd. in part and revd. in               
          part without published opinion sub nom. Balboa Energy Fund 1981             
          v. Commissioner, 85 F.3d 634 (9th Cir. 1996), is misplaced.  In             
          Osterhout, we found that certain oil and gas partnerships were              
          not engaged in a trade or business and sustained the                        
          Commissioner's imposition of the negligence additions to tax with           








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