Ann E. Bartak - Page 27

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          (2001), where we denied relief under section 6015(b) in a case              
          involving Hoyt investments, neither petitioner nor Mr. Bartak               
          knew the facts that made the flowthrough losses from the Hoyt               
          partnerships unallowable as deductions on their joint returns,              
          and both petitioner and Mr. Bartak put their trust in the Hoyt              
          organization to determine the basis for, propriety of, and amount           
          of their deductions.                                                        
               It is significant that petitioner knew (1) of the Hoyt                 
          investment, (2) the Hoyt investment was designed to generate                
          large deductions resulting in substantial tax savings, (3) those            
          deductions were taken on joint returns for the years in issue,              
          and (4) there was a risk that the deductions might be disallowed            
          by the IRS.  Jonson v. Commissioner, 118 T.C. at 118.                       
               “Tax returns setting forth large deductions, such as tax               
          shelter losses offsetting income from other sources and                     
          substantially reducing * * * the couple’s tax liability,                    
          generally put a taxpayer on notice that there may be an                     
          understatement of tax liability.”  Hayman v. Commissioner, 992              
          F.2d at 1262.  Furthermore, the court in Price noted that the               
          size of the deduction in issue vis-a-vis the total income                   
          reported on the return, when considered in light of the fact that           
          the taxpayer knew of the investment and its nature, is enough to            
          put the taxpayer on notice that an understatement exists (and,              
          therefore, if the duty of inquiry is not discharged, leads to an            






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