- 8 - Mr. Bartak provided petitioner the Hoyt partnerships’ brochures. Mr. Bartak did not deny petitioner access, or hide from petitioner, any documents related to their investment in the Hoyt partnerships. Mr. Bartak wanted petitioner to look at the Hoyt organization’s materials and to hear what petitioner thought about the Hoyt partnerships. One of the promotional materials petitioner and Mr. Bartak received included the following language under the heading Specific Risks Involved: “A change in the tax laws or an audit and disallowance by the IRS could take away all or part of the tax benefits, plus the possibility of having to pay the tax along with penalties and interest”. It further stated: This term [“decapitated”] is crude, but it is a concept that is very applicable to the comparison of having a disallowance of your tax deductions by the Internal Revenue Service. The prospect of having to pay the taxes when you have put your tax money into the cattle, and it’s gone, is a financial wreck. The brochure went on to state that there was no assurance that things would be “O.K.” and: If you’re like most people, your first impression of a W.J. HOYT SONS livestock purchase was “this deal looks to good to be true”! We know you’ve heard “if a deal looks to good to be true, it probably is”. You probably looked at this business and thought at first “no way can that be legal”. You only considered going into the cattle business after you heard about the tax benefits. Tax benefits were your incentive to look at this kind of business.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011