- 15 - investigation was ever made which would have allowed them to discover such a lack of warning, and where they were repeatedly warned of the relevant risks in the private placement memorandum. Christensen v. Commissioner, T.C. Memo. 2001-185; Robnett v. Commissioner, T.C. Memo. 2001-17. The private placement memorandum contained numerous warnings regarding the tax risks involved with making an investment in Arid Land. Although the parties stipulated that petitioners received a copy of the private placement memorandum, petitioner could not recall having reviewed the memorandum prior to making the investment. In any case, the warnings were there and would have been evident if petitioners had exercised reasonable care and read the memorandum. After making their investment regardless of these risks, petitioners claimed a loss of $12,407 despite the fact that they had only recently invested cash of just $5,500.2 This disproportionate and accelerated loss--along with the resulting substantial tax savings--should have been further warning to petitioners for the need to obtain outside, 2Petitioners argue that the instructions for Schedules K-1 provided by the Internal Revenue Service required them to report the loss. The instructions state that the individual taxpayer “must treat partnership items * * * consistent with the way the partnership treated the items on its filed return.” The instructions have further provisions dealing with errors on Schedules K-1 as well as with the filing of statements to explain inconsistencies between the partnership’s return and the taxpayer’s return. We find to be unreasonable any belief by petitioners that they were required by law to mechanically deduct a loss which was improper.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011