- 33 - While petitioners argue that a theft occurred in each year equal to the total amount of cash contributed in that year, they admit that each of the sheep partnerships did not discover the alleged thefts until after the years at issue. However, petitioners argue that this Court should apply the doctrine of equitable estoppel and the Ninth Circuit’s holding in Rod Warren Ink v. Commissioner, 912 F.2d 325, 326 (9th Cir. 1990), revg. 92 T.C. 995 (1989), to the “exceptional circumstances” presented in this case, to override section 165(e) and allow each partnership to deduct a theft loss for each of the years at issue. Petitioners acknowledge that they seek this remedy to reduce the amount of interest that individual partners will be assessed as a result of the partnership adjustments. Petitioners assert that if the IRS had warned the investor- partners that serious problems existed and disclosed information the IRS had regarding Jay Hoyt’s diverting of their funds and selling of nonexistent sheep to their partnerships, the partners would not have continued investing in the partnerships and would have stopped their payments to the Hoyt organization. At a minimum, petitioners state, these partners might have been able to discover the theft earlier, allowing the partnerships and themselves to claim earlier offsetting theft loss deductions. Petitioners thus maintain that each partnership under equitable principles should be allowed a theft loss deduction for each ofPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011