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the taxpayers in Fargo v. Commissioner, 447 F.3d at 714, for whom
the Court of Appeals for the Ninth Circuit noted that “no
evidence was presented to suggest that Taxpayers were the subject
of fraud or deception”. Such considerations, however, have not
kept this Court from finding investors in the Hoyt tax shelters
to be liable for penalties and interest, nor have they prevented
the Courts of Appeals for the Sixth, Ninth, and Tenth Circuits
from affirming our decisions to that effect. See Hansen v.
Commissioner, 471 F.3d 1021 (9th Cir. 2006), affg. T.C. Memo.
2004-269; Mortensen v. Commissioner, 440 F.3d 375 (6th Cir.
2006), affg. T.C. Memo. 2004-279; Van Scoten v. Commissioner, 439
F.3d 1243 (10th Cir. 2006), affg. T.C. Memo. 2004-275.
Ms. Cochran testified that she considered all of Ms.
Merriam’s and petitioner’s assertions, including the numerous
letters and exhibits. Nevertheless, Ms. Cochran determined that
petitioner did not qualify for an offer-in-compromise.
The mere fact that petitioner’s “equitable facts” did not
persuade respondent to accept their offer-in-compromise does not
mean that those assertions were not considered. The notice of
determination and Ms. Cochran’s testimony demonstrate
respondent’s clear understanding and careful consideration of the
facts and circumstances of petitioner’s case. We find that
respondent’s determination that the “equitable facts” did not
justify acceptance of petitioner’s offer-in-compromise was not
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