- 23 - reasonable or ordinarily prudent persons would do under the circumstances. First, petitioners entered into an investment, allegedly involving $190,000 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-- petitioners reported a tax liability of $1,191 on $250,753 of income over a 5-year period, based upon advice from Mr. Hoyt’s organization--and that they could do so utilizing losses and credits with respect to which petitioners understood neither the source nor the legal rationale. We similarly conclude that petitioners did not have reasonable cause for any of the underpayments resulting from the tax claims related to their investment. These conclusions are reinforced by the fact that petitioners received a warning from respondent within months of requesting their first refund based upon the Hoyt investment, a warning that petitioners ignored. Furthermore, petitioners’ reliance on Mr. Hoyt and those in his organization--the promoters of the investment and the persons receiving the bulk of the monetary benefits of the tax claims--was objectively unreasonable. As such, it cannot be a defense to the negligence additions to tax. Finally, we are also mindful of the fact that petitioners ultimately lost the bulk of the tax refunds that they received,Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011