Ronald F. and Cynthia G. Van Scoten - Page 14

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          total amount of these payments exceeds $40,000.  These payments             
          included the remittance of their tax refunds, the payment of                
          quarterly and monthly installments on their promissory notes,               
          special “assessments” imposed by the partnership, and                       
          contributions to purported individual retirement account plans              
          maintained by the Hoyt organization.  Petitioners continued                 
          contributing to the partnership even after they stopped receiving           
          refunds from respondent.  During and after the year in issue,               
          petitioners received numerous documents purporting to show both             
          the legitimacy of the Hoyt partnerships and the legality of the             
          tax claims being made by the Hoyt organization.  The Hoyt                   
          organization also portrayed employees of the IRS as incompetent             
          and claimed that they were engaging in unjust harassment of Hoyt            
          investors.  Petitioners trusted these documents and believed and            
          relied upon what the Hoyt organization told them.                           
          III.  Petitioners’ Federal Tax Claims                                       
               On June 10, 1991, petitioners filed a joint Federal income             
          tax return for 1990, on which they reported the following:                  
               Wage income                   $46,162                                  
               Interest income                    29                                  
               Pension and annuity income      8,422                                  
               Loss from DSBS 87-C          (148,390)                                 
               IRA contribution               (2,000)                                 
               Adjusted gross income         (95,777)                                 
               Tax liability                     842                                  
               Overpayment                     3,771                                  
          Upon filing their 1990 return, petitioners also filed a Form                
          1045, Application for Tentative Refund.  On this form,                      





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