- 42 - the year in issue. However, this does not alter our conclusion that petitioner was negligent with respect to entering the Hoyt investment, and that he was negligent with respect to the positions that he took on his 1991 tax return. Despite Mr. Hoyt’s actions, the positions taken on the 1991 return signed by petitioner were ultimately the positions of petitioner, not of Mr. Hoyt. V. Conclusion On the basis of the record before the Court, we conclude that petitioner’s actions in relation to the Hoyt investment constituted a lack of due care and a failure to do what a reasonable or ordinarily prudent person would do under the circumstances. First, petitioner entered into an investment--in which he gave Mr. Hoyt the authority to incur personal debts on his behalf and control his interest in his partnerships--without adequately investigating the legitimacy of the partnerships. Second, and foremost, petitioner trusted individuals who told him that he effectively could escape paying Federal income taxes for a number of years--petitioner reported a combined tax liability of $4,349 on $290,149 of income over 6 years starting with 1986, and reported zero tax liability on $116,170 of AGI for the prior 3 years--based solely upon the tax advice of the individuals receiving some of the benefits of the tax savings. Our conclusion is reinforced by the fact that petitioner receivedPage: 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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