- 36 - investor-partners that Hoyt had greatly overstated the number of breeding animals the partnerships claimed to own and had grossly overvalued the livestock upon which the partnerships were claiming tax benefits until the Examination Division issued warning letters to all the partners on December 30, 1993 (shortly after the FPAAs were issued). “Trust law, generally, invalidates the transaction of a trustee who is breaching his trust in a transaction in which the other party is aware of the breach.” Phillips v. Commissioner, supra at 1175. By February 1993, respondent knew that “Hoyt had been taking money for non-existent cows and sheep--for which Hoyt presumably knew he was vulnerable to criminal prosecution.” River City Ranches #1 Ltd. v. Commissioner, 401 F.3d at 1142. It was in the partners’ interest for the FPAAs to be issued sooner rather than later because the FPAAs provided the partners a strong indication that Hoyt was looting the partnerships and that the partners had in fact claimed tax benefits to which they were not entitled. Delay would perpetuate Hoyt’s concealment of his theft and result in greater penalties and interest when the taxes were collected. By contrast, extending the limitations periods within which respondent could issue the FPAAs was in Hoyt’s interest because it delayed discovery of his theft. Hoyt’s interests ran toward delaying as long as possible any threat to the house of cards hePage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 NextLast modified: November 10, 2007