- 6 - $3,000. At the very least, the fact that a $3,000 investment yielded a $15,432 loss deduction for the year of the investment should have alerted petitioners that their deductions were "too good to be true." McCrary v. Commissioner, 92 T.C. 827, 850 (1989). We find that petitioners' actions, in failing to conduct anything approaching a meaningful investigation of Irving & Co., were not the actions that a reasonable and ordinarily prudent person would have taken under the circumstances. Petitioner also testified the reason why they invested in Irving & Co. was to make money, and not because it was a tax shelter. However, the evidence clearly supports a finding that petitioners invested in Irving & Co. because it was a tax shelter. This evidence includes: (1) A May 29, 1986 letter from Schneider to petitioner that states "Now is the time to plan your tax shelters for 1986"; (2) a July 7, 1986 handwritten letter from Schneider to petitioner that states "You can expect tax savings per our discussion"; and (3) petitioners' check transaction register indicating a $3,000 payment that states, in petitioner's own handwriting, "Fred Schneider 1986 Tax Shelter". We are convinced that petitioners knew they were participating in a tax shelter. Nevertheless, petitioners' reliance on Schneider's advice, as the tax shelter promoter, is not reasonable or prudent. Goldman v. Commissioner, supra at 408.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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