- 25 - making an investment. Nevertheless, petitioners did not investigate the tax claims being made by the Hoyt organization with anyone who was not involved with the organization. When it came time to prepare petitioners’ tax returns and claim the losses being reported by the Hoyt partnerships, petitioners relied on the very people who were receiving the bulk of the tax savings generated by the claims. Thus, the same individuals who sold petitioners an interest in the Hoyt partnerships and who ran the purported ranching operations also prepared the partnerships’ tax returns, prepared petitioners’ tax returns, and received from petitioners most of the tax savings that resulted from the positions taken on petitioners’ returns. When petitioners filed their 1991 return, Mr. Van Scoten did not know, and there is no evidence that Ms. Van Scoten knew, how the loss or other amounts were derived; he knew only that the Hoyt organization had reported the amounts on petitioners’ tax return. Petitioners claimed the loss despite the fact that respondent had warned petitioners, as well Mr. Van Scoten’s father, that there were potential problems with the tax claims being made on both the partnership returns and on petitioners’ returns. Prior to signing their 1991 return, petitioners had received at least two separate letters from respondent alerting petitioners to suspected problems or alerting petitioners to reviews that had been commenced with respect to their partnership. Despite these letters, petitioners did not further investigate the partnershipPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011