Gary D. and Johnean F. Hansen - Page 37

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          money was being used for their own personal benefit--at the time            
          that they claimed the tax savings, they believed that they would            
          eventually benefit from them.  Petitioners also lost a                      
          substantial amount of out-of-pocket cash which they paid to Mr.             
          Hoyt in the years preceding and following the year in issue.  In            
          fact, some of the later payments were made in response to not-so-           
          thinly-veiled threats by Mr. Hoyt of retaliatory action if                  
          petitioners failed to remit the payments.  However, this does not           
          alter our conclusion that petitioners were negligent with respect           
          to entering the Hoyt investment, and that they were negligent               
          with respect to the positions that they took on their 1991 tax              
          return.  Despite Mr. Hoyt’s actions, the positions taken on the             
          1991 return signed by petitioners were ultimately the positions             
          of petitioners, not of Mr. Hoyt.                                            
          V.  Conclusion                                                              
               Upon the basis of the record before the Court, we conclude             
          that petitioners’ actions in relation to the Hoyt investment                
          constituted a lack of due care and a failure to do what                     
          reasonable or ordinarily prudent persons would do under the                 
          circumstances.  First, petitioners entered into an investment,              
          allegedly involving at least $175,000 of personal debt, without             
          investigating its legitimacy.  Second, and foremost, petitioners            
          trusted individuals who told them that they effectively could               
          escape paying Federal income taxes for a number of years--                  






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