Gary W. McDonough - Page 12

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               Petitioner obtained a copy of the Bales Memorandum Opinion             
          from another fireman.  Petitioner read that Memorandum Opinion,             
          and he read other related materials provided by Hoyt.  Petitioner           
          never took the Bales Memorandum Opinion to a tax professional               
          independent of the Hoyt organization for advice.                            
          7.  Durham Farms #1                                                         
               On April 18 and August 15, 1994, respectively, respondent              
          mailed to petitioner an NBAP and notice of final partnership                
          administrative adjustment (FPAA) relating to the 1989 taxable               
          year of TBS 89-1.  On May 8, 1995, respondent issued to Hoyt, as            
          the tax matters partner (TMP) of TBS 89-1, an FPAA for the 1991             
          taxable year of TBS 89-1.  In response to these FPAAs, Hoyt, as             
          TMP of TBS 89-1, petitioned the Court on October 14, 1994, and              
          August 4, 1995.  The Court docketed the respective cases at our             
          docket Nos. 18707-94 and 14712-95.                                          
               The Court decided the disputed issues underlying those                 
          petitions in a partnership proceeding.  See Durham Farms #1, J.V.           
          v. Commissioner, T.C. Memo. 2000-159, affd. 59 Fed. Appx. 952               
          (9th Cir. 2003).  The Court held that various partnerships,                 
          including TBS 89-1, did not receive the benefits and burdens of             
          ownership of the cattle in dispute there and were not entitled to           
          the claimed partnership deductions and losses.  On April 24,                
          2001, the Court entered decisions in Timeshare Breeding Serv.               
          1989-1, J.V. v. Commissioner, docket No. 18707-94, and Timeshare            

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