- 28 - independent parties unburdened with an inherent conflict of interest, not from the promoters of the investment. Goldman v. Commissioner, 39 F.3d 402, 408 (2d Cir. 1994), affg. T.C. Memo. 1993-480; LaVerne v. Commissioner, 94 T.C. at 652); Rybak v. Commissioner, 91 T.C. 524, 565 (1988); Edwards v. Commissioner, T.C. Memo. 2002-169. It is clear in this case that petitioners’ reliance on the Hoyt organization to prepare their tax returns was not objectively reasonable. We note that petitioners did not receive any specific advice concerning the deduction of the partnership loss--they simply accepted whatever numbers were placed on the return by the Hoyt organization and signed the returns as they were presented to them. Petitioners’ reliance on the Hoyt organization to prepare the returns was not objectively reasonable because Mr. Hoyt and his organization created and promoted the partnership, they completed petitioners’ tax return, and they received the bulk of the tax benefits from doing so. For petitioners to trust Mr. Hoyt or members of his organization to prepare their return under these circumstances was inherently unreasonable. In addition to members of the Hoyt organization itself, petitioners argue that they relied on tax professionals hired by the Hoyt organization. Petitioners, however, have only established that they believed that the Hoyt organization had consulted with tax professionals. Petitioners have notPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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