- 18 - statements in connection with his promotion and operation of the cattle partnerships. In his referral report to the CID, this team member concluded that Hoyt was selling to some partnerships cattle that had already been sold to other partnerships and that he was depreciating cattle that did not exist. The CID then conducted an investigation of the alleged nonexistent cattle and Hoyt’s represented value for them.8 The CID conducted two other investigations of Hoyt but did not recommend that Hoyt be prosecuted. With many cows and sheep spread over many facilities, the IRS had difficulty proving that the partnerships were shams. On October 19, 1989, the IRS suffered a major setback when this Court filed its opinion Bales v. Commissioner, T.C. Memo. 1989-568, wherein this Court found that the Bales partnerships had acquired the benefits and burdens of ownership with respect to specific breeding cattle, that the purchase prices for the partnership cattle did not exceed their fair market value, and that the promissory notes the partnerships issued were valid recourse indebtedness. 8On Oct. 13, 1989, during the CID’s above-mentioned investigation, the U.S. Attorney’s Office in Sacramento requested that the CID review certain information and determine whether IRS special agents from the CID should join in an ongoing grand jury investigation of Hoyt for possible violations of the internal revenue laws. On Nov. 3, 1989, the IRS Regional Counsel’s Office requested that IRS special agents be authorized to participate in the grand jury investigation. On Oct. 2, 1990, the U.S. Attorney’s Office ended the grand jury investigation of Hoyt without an indictment.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: November 10, 2007