- 6 - petitioner and Mr. Ellison. Letters and other documents provided to petitioner and Mr. Ellison by the Hoyt organization referred to petitioner and Mr. Ellison as partners and listed “Don & Pam Ellison” under the heading of partner’s name. Petitioner and Mr. Ellison received promotional materials from the Hoyt organization about the Hoyt partnerships. Mr. Ellison kept these materials in his files. One of the promotional materials 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 [“head torn off”] is crude but, it is a concept that is very applicable to the comparison of having a disallowance of your partnership tax deductions by the Internal Revenue Service. The prospect of having to pay the taxes when you have put your tax money into a tax shelter, 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.” In discussing the preparation of investor tax returns, the promotional materials warned “there is a risk” and stated that after many years of experience with tax shelters the Hoyt partnerships have learned how “to deal with IRS audits of the Partnerships’ returns and the Partners’ personal returns, (being ‘attacked’ by the IRS)”. The promotional materials alsoPage: 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