Glenn A. Mortensen - Page 27

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               With respect to 1991, the year in issue in this case,                  
          petitioner claimed that he incurred $55,880 in losses from the              
          Hoyt partnerships.  Petitioner did not know how these losses were           
          derived; he knew only that the Hoyt organization had reported the           
          amounts on the Schedules K-1 and on his tax return.  Petitioner             
          claimed these losses despite the fact that respondent had been              
          warning petitioner, at least since May 1988, that there were                
          potential problems with the tax claims being made on both the               
          partnership returns and on petitioner’s returns.  Prior to                  
          signing his 1991 return, petitioner had received at least 12                
          separate letters from respondent alerting petitioner to suspected           
          problems or alerting petitioner to reviews that had been                    
          commenced with respect to various Hoyt partnerships in which he             
          was involved.  Despite these letters, petitioner did not further            
          investigate the partnership losses, such as by consulting an                
          independent tax adviser, before claiming the losses as deductions           
          on his 1991 return.  We conclude that petitioner was negligent in           
          1991 in claiming the Hoyt partnership loss at issue in this case;           
          namely, the $16,720 loss from DSBS 87-C.                                    
          IV.  Alleged Defenses to the Accuracy-Related Penalty                       
               Section 6664(c)(1) provides that the section 6662(a)                   
          accuracy-related penalty is not imposed “with respect to any                
          portion of an underpayment if it is shown that there was a                  
          reasonable cause for such portion and that the taxpayer acted in            






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