Donald J. Barnes and Beverly A. Edwards, f.k.a. Beverly A. Barnes - Page 23

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          weight:  The omission of petitioner’s name could have been due to           
          any of a number of reasons, such as an oversight by the person              
          who prepared the Schedule K-1.  In short, this document standing            
          alone does not corroborate petitioner’s assertion that she was              
          not an investor in RCR #1.                                                  
               Aside from the Schedule K-1, the primary evidence in the               
          record that petitioner was not an investor in RCR #1 is                     
          petitioner’s own testimony.  In her testimony, petitioner                   
          admitted that she was at the investment sales meeting with Mr.              
          Barnes and Mr. Hoyt.  Petitioner, however, stated that she was              
          “sort of there in body but not really in spirit or mind”, because           
          she was preoccupied with the state of her marriage and because              
          she was worried about her daughter.  Petitioner nevertheless                
          testified in great detail concerning certain aspects of this                
          meeting.  For example, petitioner testified that she recalled the           
          posture of herself and Mr. Barnes in their chairs, and she stated           
          that Mr. Hoyt “wasn’t even making eye contact with me that much”.           
          She also stated that she recalled Mr. Hoyt’s mentioning that he             
          was an enrolled agent, at which point petitioner, according to              
          her testimony, asked him what an enrolled agent was.  Petitioner            
          further stated that she did not realize, at the time the meeting            
          took place, that Mr. Hoyt was attempting to convince petitioner             
          and Mr. Barnes to make an investment in the partnership.  On the            
          other hand, petitioner testified that she does recall Mr. Hoyt’s            






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