- 22 - losses purportedly reduced petitioners’ tax liability to a combined total of $103 for 1988 and 1989. In summary, the tax returns and the Form 1045 filed by petitioners during the years in issue resulted in a claimed total tax liability of $1,191. Mr. Hitchen earned wages during those years totaling $250,753. Petitioners admit that they did not know the reasoning behind the tax benefits touted by the Hoyt organization that led to this nearly complete elimination of Federal tax liability. Yet petitioners did nothing to inquire into the legitimacy of the tax claims other than to assume the returns prepared by the Hoyt organization were correct. Furthermore, most of the “too good to be true” tax benefits were claimed by petitioners within months of receiving the warning letter from respondent, and immediately after the Hoyt organization switched petitioners to a new partnership and advised petitioners to begin reporting losses as having been derived from farming activities rather than from partnerships-- efforts that were apparently designed to avoid detection by the IRS. Petitioners chose to follow Mr. Hoyt’s advice, however, and they ignored any communications from the IRS. While we are mindful of the fact that petitioners were unsophisticated in both investment and tax matters, we conclude that petitioners’ actions in relation to the Hoyt investment constituted a lack of due care and a failure to do whatPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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