- 98 - Accordingly, the argument that an ongoing criminal tax investigation created a disabling conflict for Jay Hoyt in executing these extensions is without merit, since no criminal investigations of Jay Hoyt were being conducted when these extensions were executed. The extension concerning RCR #4’s 1984 taxable year was executed by Jay Hoyt and the IRS on August 1, 1987, shortly before the U.S. Attorney’s Office in Sacramento declined to prosecute him for his alleged backdating of documents. As this Court observed in Phillips v. Commissioner, 114 T.C. at 152, however, the Court of Appeals for the Second Circuit in Transpac did not assume that the mere existence of an investigation would subvert a TMP’s judgment and bend him to the Government’s will in dereliction of his fiduciary duties to his partners. As in Phillips, there is no evidence in the instant case that Jay Hoyt executed the extensions under pressure in exchange for leniency in relation to any criminal tax investigation of him. In addition, Jay Hoyt continued to defend the legitimacy of the sheep partnerships as he did with the cattle partnerships in the Phillips case. With only minor exceptions, Jay Hoyt executed the extensions in the instant case during the same time period he executed the extensions in Phillips. In the instant case, the Court concludes that petitioners have failed to establish that Jay Hoyt, in executing thePage: Previous 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 Next
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