- 43 - 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.Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
Last modified: May 25, 2011