River City Ranches #1 Ltd., Leon Shepard, Tax Matters Partner - Page 11

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          Petitioners suggest that the abatement was a quid pro quo for Jay            
          Hoyt’s executing the extensions.  The Court rejects this as an               
          unwarranted supposition on the part of petitioners.                          
               In light of the issuance of the 1989 test case opinion in               
          Bales v. Commissioner, T.C. Memo. 1989-568, we believe that the              
          IRS, in all likelihood, chose to abate most of these penalties               
          because of doubts about whether its imposition of the penalties              
          ultimately would be sustained if Jay Hoyt were to bring a refund             
          suit in U.S. District Court challenging the propriety of the                 
          penalties.  As noted previously, this Court in Bales did not                 
          sustain respondent’s disallowance of many of the tax benefits a              
          number of partners in Hoyt cattle partnerships claimed for 1977,             
          1978, and 1979.  This Court decided, among other things, that the            
          Bales partnerships had acquired the benefits and burdens of                  
          ownership with respect to specific breeding cattle, that the                 
          purchase prices for the partnership cattle did not exceed the                
          fair market value of those cattle, and that the promissory notes             
          these partnerships issued were valid recourse indebtedness.                  
               Also, in order to hold Jay Hoyt liable for certain return               
          preparer penalties, the Government in such refund suit would have            
          the burden of proof in establishing Jay Hoyt’s liability for the             
          penalty and would have to show, among other things, that Jay Hoyt            
          had known that the deductions and credits claimed were incorrect             
          and would result in an understatement of another’s tax.  See                 






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