- 30 - “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 combinedPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011