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          have no jurisdiction in this partnership level proceeding over               
          nonpartnership items, which can only be determined at the                    
          individual partner level.  Affiliated Equip. Leasing II v.                   
          Commissioner, 97 T.C. 575, 576 (1991).                                       
               The Court shall not allow petitioners to freely interchange             
          the partners with the partnerships to suit their arguments.                  
          Accordingly, when addressing the petitioners’ theft loss                     
          arguments, the Court will apply the distinction between the                  
          partners and the partnerships as required by law.                            
                    (i)       Jay Hoyt’s Conviction of Federal Crimes                  
               On February 12, 2001, Jay Hoyt was convicted of 1 count of              
          conspiracy to commit fraud, 31 counts of mail fraud, 3 counts of             
          bankruptcy fraud, and 17 counts of money laundering.  See United             
          States v. Barnes, et al., No. CR-98-529-JO-04 (D. Or. Feb. 12,               
          2001).  The indictment charged Jay Hoyt and others with                      
          conspiring to “defraud thousands of investors” by selling                    
          investment interests “by means of false promises and                         
          representations.”  The U.S. District Court described Jay Hoyt’s              
          crimes as “the most egregious white collar crime committed in the            
          history of the State of Oregon.”  United States v. Hoyt, 47 Fed.             
          Appx. 834, 836 (9th Cir. 2002).  Jay Hoyt was ordered to pay                 
          restitution to each victim (investor-partner) in an amount equal             
          to the total payments each individual made to the Hoyt                       
          organization.                                                                
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