River City Ranches #1 Ltd., Leon Shepard, Tax Matters Partner - Page 100

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          other businesses and properties; (3) participation on both sides             
          of the livestock sales that the Hoyt organization made to the                
          partnerships; (4) negotiation of tax issues with the IRS where               
          the interests of the Hoyt family and the Hoyt organization                   
          conflicted with the interests of the Hoyt cattle and sheep                   
          partnerships and their partners; (5) commingling of partnership              
          payments and failing to account for his and the Hoyt                         
          organization’s use of those funds; (6) incentive to make                     
          concessions to the IRS, while under criminal investigation, that             
          were harmful to the partners in order to have the IRS abate                  
          certain tax return preparer penalties that the IRS had assessed              
          against him; (7) failure to file the partnership returns timely,             
          thereby incurring late filing penalties; and (8) failure, during             
          1986, to either (a) inform the partners that he was under                    
          criminal investigation by the IRS, or (b) withdraw from his                  
          fiduciary roles on behalf of the partners.                                   
               2.   Respondent’s Arguments                                             
               Respondent contends that the periods of limitations                     
          applicable to the partnership years in question have not expired,            
          because the extension agreements that Jay Hoyt (the TMP) and the             
          IRS executed are valid and binding upon the partners.  Respondent            
          asserts that Phillips v. Commissioner, supra, largely controls               
          the resolution of the limitations issue raised by petitioners in             
          the instant case.  Specifically, respondent notes that in                    






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