- 35 - 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 onePage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011