- 33 - 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.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011