Ronald F. and Cynthia G. Van Scoten - Page 33

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          their investment and the tax claims were objectively                        
          unreasonable.  Furthermore, and again for the reasons discussed             
          above, petitioners’ failure to investigate further--beyond what             
          was made available to them by Mr. Hoyt and his organization--was            
          also not an objectively reasonable course of action.                        
               C.  Petitioners’ Investigation                                         
               Petitioners further argue that they had reasonable cause for           
          the underpayment because they made a reasonable investigation               
          into the partnership, taking into account the level of their                
          sophistication.  Petitioners assert that this investigation                 
          yielded no indication of wrongdoing by Mr. Hoyt, and petitioners            
          further assert that an average taxpayer would have been unable to           
          uncover Mr. Hoyt’s fraud.  As we have held, petitioners’                    
          investigation into the partnership went no further than members             
          of the Hoyt organization and Mr. Van Scoten’s father, who was               
          another Hoyt investor and who in turn was relying on the Hoyt               
          organization.  Relying on these individuals as a source of                  
          objective information concerning the partnerships was not                   
          reasonable.  Furthermore, petitioners were negligent in not                 
          further investigating the partnership and/or seeking independent            
          advice concerning it.                                                       











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