- 25 - partnership agreement before she and Mr. Capehart signed it, and she made phone calls to the Hoyt organization on several occasions to obtain answers to both her own and Mr. Capehart’s questions about their investments. Regardless of whether Mr. Capehart played a dominant role in the decision to invest in the Hoyt partnerships or whether petitioner, at times, was simply following Mr. Capehart’s orders, the fact that petitioner ultimately agreed to become a partner and participated in managing the investment is sufficient for us to find that the erroneous items giving rise to the understatements of tax are items of both petitioner and Mr. Capehart. Bartak v. Commissioner, T.C. Memo. 2004-83; Ellison v. Commissioner, supra; see also Mora v. Commissioner, 117 T.C. at 290; Doyel v. Commissioner, T.C. Memo. 2004-35. Petitioner argues that the facts of this case are distinguishable from Bartak and Doyel because Mr. Capehart coerced petitioner into participating in the investment, controlled all aspects of the investment, and acted in a deceitful and domineering manner towards petitioner with regard to partnership matters. However, the record is lacking in credible evidence to support petitioner’s allegations. Although Mr. Capehart initiated the investment in the Hoyt partnerships, he never persuaded petitioner to participate in the investment by coercing, deceiving, or threatening her. To the contrary, Mr.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011