Ronald F. and Cynthia G. Van Scoten - Page 36

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          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.                 





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