Michael J. Heckler, a.k.a. Michael Vonheckler and Charlotte A. Miska - Page 6

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          $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.              







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