Sharon Lee Bartlett, F.K.A. Heitzman - Page 43

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          with a legitimate investment in light of contemporaneous                    
          instability in oil prices and supplies.  Given petitioner’s lack            
          of financial sophistication, the minimal explanation that she               
          received from Mr. Heitzman was sufficient to apprise her of the             
          existence of the transaction and to allay any questions she might           
          have had under the circumstances, while leaving her effectively             
          without any substantive knowledge of the transaction.                       
               Petitioner’s awareness that Stonehurst was a “tax shelter”             
          is not particularly probative, in the context of her limited                
          financial sophistication, of whether she substantively knew of              
          the underlying transaction.  As we have observed in similar                 
          cases, in the late 1970's and early 1980's, a person such as                
          petitioner who did not understand tax matters could quite                   
          reasonably interpret the term “tax shelter” as legitimately                 
          sheltering income from tax, see, e.g., Foley v. Commissioner,               
          T.C. Memo. 1995-16, especially in light of Mr. Heitzman’s comment           
          that Stonehurst would “make a lot of money”.  It was common                 
          knowledge in the 1980's and earlier that “wily investors could              
          find legal ways and means of attaining spectacular tax benefits             
          through cunning investment strategies.”  Friedman v.                        
          Commissioner, 53 F.3d at 531.  The fact that Stonehurst “was in             
          oil and gas” in 1979, a time when oil prices were rising, only              
          lent further credence to its potential value as a legitimate and            
          possibly quite lucrative investment.                                        





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