Gary D. and Johnean F. Hansen - Page 29

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          hired by the Hoyt organization and on other Hoyt investors.                 
          Petitioners, however, have established only that they believed              
          that the Hoyt organization and the other partners had consulted             
          with tax professionals.  Petitioners have not established in what           
          manner they personally relied upon any such professionals, or               
          even the details of what advice the professionals provided that             
          would be applicable to petitioners’ situation with respect to the           
          year in issue.  Furthermore, because all of these individuals               
          were affiliated with the Hoyt organization, it would have been              
          objectively unreasonable for petitioners to rely upon them in               
          claiming the tax benefits advertised by that very organization.             
               B.  Deception and Fraud by Mr. Hoyt                                    
               Petitioners next argue that they should not be liable for              
          the negligence penalty because they were defrauded and otherwise            
          deceived by Mr. Hoyt with respect to their investment in the Hoyt           
          partnerships.  In this regard, petitioners first argue that the             
          doctrine of judicial estoppel bars application of the negligence            
          penalty because the U.S. Government successfully prosecuted Mr.             
          Hoyt for, in general terms, defrauding petitioners.                         
               Judicial estoppel is a doctrine that prevents parties in               
          subsequent judicial proceedings from asserting positions                    
          contradictory to those they previously have affirmatively                   
          persuaded a court to accept.  United States ex rel. Am. Bank v.             
          C.I.T. Constr., Inc., 944 F.2d 253, 258-259 (5th Cir. 1991);                






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