- 25 - the promissory notes. This trust continued even when the Hoyt organization switched petitioner’s investment from partnership to partnership, at times without notifying petitioner or verifying the status of the promissory notes that had been signed on petitioner’s behalf. We conclude that petitioner was negligent in signing the power of attorney forms and in entering into the investment. In the years 1986 through 1991, petitioner used the Hoyt investment to report a total Federal income tax liability of $4,349 on income totaling $290,149. In addition, petitioner filed the Form 1045 which purportedly completely eliminated his Federal income tax liabilities for 1983 through 1985, resulting in a requested refund of $18,548. Petitioner claimed these tax benefits based solely on the advice that he received from the promoters of the investment and from other Hoyt investors-- petitioner never questioned the amounts on the tax returns, and he never had the returns reviewed by a tax professional. Furthermore, the promotional materials that petitioner received had clearly indicated that there were substantial tax risks in making an investment. Nevertheless, petitioner did not inquire into the tax claims being made on his tax returns by the Hoyt organization with anyone outside the organization. This failure to inquire is especially notable with respect to petitioner’s 1986 return and amended return. In preparing petitioner’sPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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