- 11 - 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:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011