Ronald F. and Cynthia G. Van Scoten - Page 11

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               arranged quickly within the office, without the Partner                
               having to pay a higher fee while an outside preparer spends            
               more time to make the arrangements.                                    
          Finally, the document warned that there remained a chance that “A           
          change in tax law or an audit and disallowance by the IRS could             
          take away all or part of the tax benefits, plus the possibility             
          of having to pay back the tax savings, with penalties and                   
          interest.”                                                                  
               Prior to petitioners’ investment in the partnership, Mr. Van           
          Scoten also received from the Hoyt organization a copy of this              
          Court’s opinion in Bales v. Commissioner, T.C. Memo. 1989-568.              
          Mr. Hoyt touted the Bales opinion as proof that the Hoyt                    
          partnerships were legal, and that the IRS was incorrect in                  
          challenging their tax claims.  Mr. Van Scoten believed that the             
          Bales opinion meant “basically, that a partnership either similar           
          to ours or like it was--it had gone to court and the Bales had              
          won the case.  As far as the details about it, I don’t know.”               
               On January 7, 1991, petitioners signed a document comprised            
          of four sections in order to invest in the Hoyt partnership known           
          as Durham Shorthorn Breed Syndicate 1987-C (DSBS 87-C).  The                
          first section was titled “Subscription Agreement -- Durham                  
          Shorthorn Breed Syndicate 1987-C J.V. -- Series ‘A’ Units”.  This           
          section expressed petitioners’ intent to make a capital                     
          contribution to and become a limited partner of DSBS 87-C with              
          respect to certain “Series ‘A’ Units”.  Included in this section            
          was a “Power of Attorney” form, which provided in relevant part:            





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