Ronald F. and Cynthia G. Van Scoten - Page 25

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          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 partnership            





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