Gary W. McDonough - Page 24




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          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 adviser               







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