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Petitioner resided in Lodi, California, when he filed his
petition. At the time of trial, petitioner was 65 years old, he
had been married for 32 years, and his wife (Mrs. Ertz) was 58.
In 1985, petitioner became a partner in TBS Durham Genetic
Engineering 1985-5, Ltd. (DGE 85-5), a partnership organized and
operated by Walter J. Hoyt III (Hoyt).
From about 1971 through 1998, Hoyt organized, promoted, and
operated more than 100 cattle breeding partnerships. Hoyt also
organized, promoted, and operated sheep breeding partnerships.
From 1983 to his subsequent removal by the Tax Court in 2000
through 2003, Hoyt was the tax matters partner of each Hoyt
partnership. From approximately 1980 through 1997, Hoyt was a
licensed enrolled agent, and as such, he represented many of the
Hoyt partners before the Internal Revenue Service (IRS). In
1998, Hoyt’s enrolled agent status was revoked. Hoyt was
convicted of various criminal charges in 2000.4
3(...continued)
evidence and are admissible. The Court will give the exhibits
only such consideration as is warranted by their pertinence to
the Court’s analysis of petitioner’s case.
Respondent also objected to many of the exhibits on the
basis of hearsay. Even if we were to receive those exhibits into
evidence, they would have no impact on our findings of fact or on
the outcome of this case.
4 Petitioner asks the Court to take judicial notice of
certain “facts” in other Hoyt-related cases and apply judicial
estoppel to “facts respondent has asserted in previous [Hoyt-
related] litigation”. We will do neither.
(continued...)
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