- 36 - challenge by the Commissioner, no matter how illegitimate the partnerships had become or how unreasonable the taxpayers were in making investments therein and claiming the tax benefits that Mr. Hoyt promised would ensue. E. Fairness Considerations Petitioners’ final arguments concerning application of the accuracy-related penalty are in essence arguments that imposition of the penalty would be unfair or unjust in this case. Petitioners argue that “The application of penalties in the present case does not comport with the underlying purpose of penalties.” To this effect, petitioners argue that, in this case, The problem was not Petitioners’ disregard of the tax laws, but was Jay Hoyt’s fraud and deception. Petitioners did not engage in noncompliant behavior, instead [they] were the victims of a complex fraud that it took Respondent years to completely unravel. Petitioner Ron Van Scoten made a good faith effort to comply with the tax laws and punishing him by imposing penalties does not encourage voluntary compliance, but instead has the opposite effect of the appearance of unfairness by punishing the [victim]. We are mindful of the fact that petitioners were victims of Mr. Hoyt’s fraudulent actions. Petitioners ultimately lost the bulk of the tax savings that they received, which they had remitted to Mr. Hoyt as part of their investment. Nevertheless, petitioners believed that this money was being used for their own personal benefit--at the time that they claimed the tax savings, they believed that they would eventually benefit from them. Mr.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