- 39 - issue should be respected for Federal income tax purposes.” Bales involved different investors, different partnerships, different taxable years, and different issues than those underlying the present case. First, petitioner argues that he relied on the Bales opinion in claiming the deduction for the partnership loss. Without further addressing the applicability of Bales to petitioner’s situation, we find that petitioner has not established that he relied on Bales in this manner. While petitioner received the opinion and may have read a portion of it, there is no evidence that he, without any background in law or accounting, personally relied upon the opinion in claiming the relevant partnership loss. Rather, petitioner admits that he relied instead on the interpretation of Bales provided by Mr. Hoyt and members of his organization, who repeatedly claimed that Bales was proof that the partnerships and the tax positions were legitimate. We have already found that petitioner’s reliance on Mr. Hoyt and his organization was objectively unreasonable and, as such, not a defense to the negligence penalty. Accepting Mr. Hoyt’s assurances that Bales was a wholesale affirmation of his partnerships and his tax claims was no less unreasonable. Second, petitioner argues that, because this Court was unable to uncover the fraud or deception by Mr. Hoyt in Bales, petitioner as an individual taxpayer was in no position toPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011