Ronald F. and Cynthia G. Van Scoten - Page 35

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          did not know any details concerning the opinion, and, when                  
          questioned about a letter from the Hoyt organization regarding              
          another case in this Court, he further testified that he “didn’t            
          care about” the portions of the letter pertaining to the “Tax               
          Court writing stuff”.  In short, the record shows that if                   
          petitioners relied on Bales to any degree, they relied only on              
          the interpretation of Bales provided by Mr. Hoyt and members of             
          his organization, who repeatedly claimed that Bales was proof               
          that the partnerships and the tax positions were legitimate.  We            
          have already found that petitioners’ reliance on Mr. Hoyt and his           
          organization was objectively unreasonable and, as such, not a               
          defense to the negligence penalty.  Accepting Mr. Hoyt’s                    
          assurances that Bales was a wholesale affirmation of his                    
          partnerships and his tax claims was no less unreasonable.                   
               Second, petitioners argue that, because this Court was                 
          unable to uncover the fraud or deception by Mr. Hoyt in Bales,              
          petitioners as individual taxpayers were in no position to                  
          evaluate the legitimacy of their partnership or the tax benefits            
          claimed with respect thereto.  This argument employs the Bales              
          case as a red herring:  Bales involved different investors,                 
          different partnerships, different taxable years, and different              
          issues.  Furthermore, adopting petitioners’ position would imply            
          that taxpayers should have been given carte blanche to invest in            
          partnerships promoted by Mr. Hoyt, merely because Mr. Hoyt had              
          previously engaged in activities which withstood one type of                





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