- 74 - 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 thePage: Previous 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Next
Last modified: May 25, 2011