- 40 - 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.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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