River City Ranches #1 Ltd., Leon Shepard, Tax Matters Partner - Page 89

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          additional interest on the disallowed partnership tax benefits               
          they claimed.                                                                
               For all the years at issue, the sheep partnerships                      
          distributed substantial tax benefits to the sheep partners under             
          Jay Hoyt’s and the Hoyt organization’s tax shelter program.  Up              
          until the time the amended petitions were filed in the instant               
          case following the River City Ranches #4, J.V. v. Commissioner,              
          T.C. Memo. 1999-209, test case opinion in June 1999, the TMP                 
          maintained that the sheep partnerships were entitled to the tax              
          benefits reported on the partnership tax returns.  From 1993                 
          through 1999, the sheep partners chose to await the outcome of               
          the Tax Court litigation between respondent and their                        
          partnerships, undoubtedly hoping that this litigation would                  
          validate their entitlement to their claimed partnership tax                  
          benefits.  Yet, these partners also knew or should have known                
          that if respondent’s position in this litigation was upheld, the             
          Internal Revenue Code requires interest to be imposed on their               
          resulting income tax underpayments.  See Niedringhaus v.                     
          Commissioner, 99 T.C. 202, 222 (1992)(“As a general rule,                    
          taxpayers are charged with knowledge of the law.”).                          
               Petitioners’ argument is in no way analogous to the                     
          “inequitable and absurd” result in Rod Warren Ink, where the PHC             
          would have been required to declare income it never actually                 
          received if not for the departure from section 165(e).  In the               






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