- 24 - joining those ventures because they failed to investigate the legitimacy of the ventures with someone independent of those ventures), affd. 439 F.3d 1243 (10th Cir. 2006). Petitioner knew that the Hoyt organization had labeled any investment in a Hoyt partnership a “speculative investment” and that the Commissioner considered the Hoyt partnerships to be tax shelters that had to be registered and reported as such. Petitioner also knew when he joined TBS 89-1 that the Hoyt organization would be acting with and for him to claim refunds of his Federal income taxes and that he had to pay 75 percent of any tax refund to the Hoyt organization. Petitioner also knew when he joined TBS 89-1 that he could receive preferential tax allocations for any given year simply by asking the Hoyt organization for such allocations. In the light of petitioner’s background and his lack of experience and knowledge of the cattle ranching business, and the questionable content of the promotional materials, petitioner was required to perform a meaningful investigation of TBS 89-1 before claiming any tax benefits purportedly flowing therefrom. We find that he did not. While petitioner stresses that he investigated the Hoyt partnerships by visiting the Hoyt operation before and during his participation in TBS 89-1, the fact of the matter is that such visits do not replace the requirement in this case that petitioner have consulted an independent professional adviserPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NextLast modified: November 10, 2007