- 23 -                                         
          1996-515; Bales v. Commissioner, T.C. Memo. 1989-568.  Moreover,            
          it was a matter of public record when respondent adopted his                
          litigating position that Mr. Hoyt had overstated the number and             
          value of cattle sold to the partnerships.16  See, e.g., Mora v.             
          Commissioner, 117 T.C. 279, 292 (2001).                                     
               In King v. Commissioner, 116 T.C. at 204, we held that “the            
          proper application of the actual knowledge standard in section              
          6015(c)(3)(C), in the context of a disallowed deduction, requires           
          respondent to prove that petitioner had actual knowledge of the             
          factual circumstances which made the item unallowable as a                  
          deduction.”17  In other words, respondent had to prove that                 
          petitioner knew the Hoyt organization had an insufficient number            
          of cattle to sustain the partnership deductions claimed on the              
          joint return and knowingly claimed improper deductions.  Nothing            
          in the record indicates, however, that respondent made any                  
          reasonable effort to identify the grounds for the disallowance of           
          the Hoyt partnership losses and credits petitioner and Mr. Bulger           
          claimed, or to evaluate his ability to prove that petitioner had            
          actual knowledge of the factual circumstances that caused the               
               16By May 1, 2003, Mr. Hoyt had been indicted, convicted, and           
          sentenced for his fraudulent activities with respect to the Hoyt            
          partnerships.                                                               
               17In our Opinion in Mora v. Commissioner, 117 T.C. 279                 
          (2001), which we filed on Dec. 17, 2001, we rejected the                    
          Commissioner’s argument that the actual knowledge standard                  
          articulated in King v. Commissioner, 116 T.C. 198 (2001), should            
          not apply to investors in Hoyt limited partnership cases.                   
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