Glenn A. Mortensen - Page 40

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          evaluate the legitimacy of his partnership or the tax benefits              
          claimed with respect thereto.  This argument employs Bales as a             
          red herring:  Bales involved different investors, different                 
          partnerships, different taxable years, and different facts.  The            
          taxpayers in Bales were individual investors whose taxable years            
          involved were 1974 through 1979.  Although the Court held that              
          the cattle breeding partnerships were bona fide and should not be           
          disregarded as shams, the taxpayers did not receive all of the              
          tax benefits they claimed.  However, in Durham Farms #1 v.                  
          Commissioner, T.C. Memo. 2000-159, affd. 59 Fed. Appx. 952 (9th             
          Cir. 2003), we found that by the early 1980s the Hoyt                       
          organization’s cattle management and record keeping practices               
          changed dramatically, and most of the records, documents, and tax           
          returns pertaining to the cattle breeding partnerships were                 
          inaccurate and unreliable.  In fact, many of the cattle                     
          purportedly purchased by the partnerships never existed.                    
          Therefore, all claimed tax benefits were disallowed in full.                
          Thus, it would not have been reasonable for petitioner to rely              
          upon Bales in making investments herein and claiming the tax                
          benefits that Mr. Hoyt promised would ensue.                                












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