Gary D. and Johnean F. Hansen - Page 24

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          proving that respondent’s determination is erroneous and that he            
          did what a reasonably prudent person would have done under the              
          circumstances.  See Rule 142(a); Hansen v. Commissioner, supra;             
          Hall v. Commissioner, 729 F.2d 632, 635 (9th Cir. 1984), affg.              
          T.C. Memo. 1982-337; Bixby v. Commissioner, 58 T.C. 757, 791                
          (1972).                                                                     
          III.  Application of the Negligence Standard                                
               Although petitioners had no experience in farming or                   
          ranching, and petitioners did not consult any independent                   
          investment advisers, petitioners made the decision to invest in a           
          cattle ranching activity as a means to provide for their                    
          retirement.  As part of their initial investment in the Hoyt                
          partnerships, petitioners provided Mr. Hoyt with the authority to           
          sign promissory notes on their behalf in an amount of at least              
          $175,000.  Ms. Hansen, and presumably Mr. Hansen, believed that             
          petitioners would be personally liable on these promissory notes            
          in the event that a problem arose causing there to be                       
          insufficient value in the cattle to cover the amount of the                 
          notes.  Nevertheless, petitioners placed their trust entirely               
          with the promoters of the investment, and they did not                      
          investigate either the legitimacy of the partnerships or the                
          implications of the promissory notes.  We conclude that                     
          petitioners were negligent in signing the promissory notes and in           
          entering into the investment.                                               






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