Roger D. and Mary M. Catlow - Page 23

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          may require a change of lifestyle.14  See Clayton v.                        
          Commissioner, T.C. Memo. 2006-188; Barnes v. Commissioner, supra.           
               We also believe that compromising petitioners’ case on                 
          grounds of public policy or equity would not promote effective              
          tax administration.  While petitioners portray themselves as                
          victims of Hoyt’s alleged fraud and respondent’s alleged delay in           
          dealing with Hoyt, they take no responsibility for their tax                
          predicament.  We cannot agree that acceptance by respondent of              
          petitioners’ $35,000 offer to satisfy their estimated                       
          approximately $575,000 tax liability would enhance voluntary                
          compliance by other taxpayers.  A compromise on that basis would            
          place the Government in the unenviable role of an insurer against           
          poor business decisions by taxpayers, reducing the incentive for            
          taxpayers to investigate thoroughly the consequences of                     
          transactions into which they enter.  It would be particularly               
          inappropriate for the Government to play that role here, where              


               14 Of course, the examples in the regulations are not meant            
          to be exhaustive, and petitioners’ situation is not identical to            
          that of the taxpayers in Fargo v. Commissioner, 447 F.3d at 714,            
          regarding 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                 
          Hoyt’s shelters to be culpable of negligence, see, e.g., Keller             
          v. Commissioner, T.C. Memo. 2006-131, nor prevented the Courts of           
          Appeals for the Sixth, Ninth, and Tenth Circuits from affirming             
          our decisions to that effect in 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; and Van Scoten v. Commissioner, 439 F.3d 1243 (10th               
          Cir. 2006), affg. T.C. Memo. 2004-275.                                      




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