- 41 - D. Fairness Considerations Petitioner’s final arguments concerning application of the accuracy-related penalty are in essence arguments that imposition of the penalty would be unfair or unjust in this case. Petitioner argues that “The application of penalties in the present case does not comport with the underlying purpose of penalties.” To this effect, petitioner argues that, in this case: the problem was not Petitioner’s disregard of the tax laws, but was Jay Hoyt’s fraud and deception. Petitioner did not engage in noncompliant behavior, instead he was the victim of a complex fraud that it took Respondent years to completely unravel. Petitioner made a good faith effort to comply with the tax laws and punishing him by imposing penalties does not encourage voluntary compliance, but instead has the opposite effect of the appearance of unfairness by punishing the victim. Indeed, penalties are improper for any investor in the Hoyt partnerships on a policy basis alone. [Fn. ref. omitted.] We are mindful of the fact that petitioner was a victim of Mr. Hoyt’s fraudulent actions. Petitioner ultimately lost the bulk of the tax savings that he received, which he had remitted to Mr. Hoyt as part of his investment and which he never received back. Nevertheless, petitioner believed that this money was being used for his own personal benefit--at the time that he claimed the tax savings, he believed that he would eventually benefit from them. Petitioner also lost a substantial amount of out-of-pocket cash which he paid to Mr. Hoyt in the years preceding and followingPage: 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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