- 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.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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