River City Ranches #1 Ltd., Leon Shepard, Tax Matters Partner - Page 96

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          because respondent has taken “clearly inconsistent” positions                
          from those taken in the criminal prosecution of Jay Hoyt.                    
          Petitioners assert that while the total amount of restitution                
          ordered in the judgment against Jay Hoyt establishes the amount              
          of the theft, respondent takes the position that petitioners have            
          not proven the amount of theft for the years at issue.  Further,             
          petitioners claim that respondent should not be allowed to                   
          contest that Jay Hoyt is “guilty of fraud on a massive scale”.               
          According to petitioners, the “integrity of the judicial process             
          would suffer if the IRS were allowed to make the absurd claim                
          that Hoyt did not defraud petitioners.”                                      
               The Court is not persuaded that respondent has taken any                
          inconsistent positions with respect to the conviction of Jay                 
          Hoyt.  As previously stated throughout this opinion, petitioners             
          have failed to establish that they were defrauded of the amounts             
          alleged as theft losses.  Further, Jay Hoyt’s conviction does not            
          establish thefts from the partnerships for any of the years at               
          issue.  Respondent does not argue that Jay Hoyt is innocent of               
          fraud in inducing the investors to contribute cash to the                    
          partnerships; respondent instead takes the position that the                 
          partnerships were not the victims of that fraud.  Respondent’s               
          position is consistent with that of the Government in the                    
          criminal prosecution of Jay Hoyt, that the victims of his fraud              
          were the individual investors.                                               






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