Donald J. Barnes and Beverly A. Edwards, f.k.a. Beverly A. Barnes - Page 30

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          “the transaction in issue should be respected for Federal income            
          tax purposes.”  Petitioner’s reliance on Bales is misplaced.  The           
          case was decided in 1989, years after petitioner invested in RCR            
          #1.  Thus, petitioner cannot claim that she relied on the case in           
          evaluating the propriety of the deduction and credits that she              
          claimed on her return.  Petitioner, however, also argues that,              
          because the Court was unable to uncover fraud or deception by Mr.           
          Hoyt in Bales, petitioner as an individual taxpayer was in no               
          position to evaluate the legitimacy of RCR #1 or the tax benefits           
          claimed with respect thereto.  This argument employs the Bales              
          case as a red herring:  The Bales case involved different                   
          investors, different partnerships, different taxable years, and             
          different issues.  Furthermore, adopting petitioner’s position              
          would imply that taxpayers should have been given carte blanche             
          to invest in partnerships promoted by Mr. Hoyt, merely because              
          Mr. Hoyt had previously engaged in activities which withstood one           
          type of challenge by the Commissioner, no matter how illegitimate           
          the partnerships had become or how unreasonable the taxpayers               
          were in making investments therein and claiming the tax benefits            
          that Mr. Hoyt promised would ensue.                                         
               In summary, petitioner invested in RCR #1, and petitioner              
          subsequently signed the tax return and tentative refund request             
          form that, in combination, claimed to reduce petitioner’s tax               
          liability over a 4-year period to $1,172, resulting in a combined           






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