River City Ranches #1 Ltd., Jeffry Bergamyer, Tax Matters Partner - Page 36




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          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 he            







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