Gary D. and Johnean F. Hansen - Page 35

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               First, petitioners argue they relied on Bales in claiming              
          the deduction for the partnership loss.  Without further                    
          addressing the applicability of Bales to petitioners’ situation,            
          we find that petitioners have not established that they relied on           
          Bales in this manner.  The record shows that petitioners relied             
          instead on the interpretation of Bales provided by Mr. Hoyt and             
          his organization, who repeatedly claimed that Bales was proof               
          that the partnerships and the tax positions were legitimate.  We            
          have already found that petitioners’ reliance on Mr. Hoyt and his           
          organization was objectively unreasonable and, as such, not a               
          defense to the negligence penalty.  Accepting Mr. Hoyt’s                    
          assurances that Bales was a wholesale affirmation of his                    
          partnerships and his tax claims was no less unreasonable.                   
               Second, petitioners argue that, because this Court was                 
          unable to uncover the fraud or deception by Mr. Hoyt in Bales,              
          petitioners as individual taxpayers were in no position to                  
          evaluate the legitimacy of their partnership or the tax benefits            
          claimed with respect thereto.  This argument employs the Bales              
          case as a red herring:  The Bales case involved different                   
          investors, different partnerships, different taxable years, and             
          different issues.  Furthermore, adopting petitioners’ position              
          would imply that taxpayers should have been given carte blanche             
          to invest in partnerships promoted by Mr. Hoyt, merely because              
          Mr. Hoyt had previously engaged in activities which withstood one           






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