Ronald F. and Cynthia G. Van Scoten - Page 28

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          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 not                     





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