River City Ranches #1 Ltd., Jeffry Bergamyer, Tax Matters Partner - Page 44




                                       - 44 -                                         
          resulting flowthrough partnership deductions were “purchased”               
          with 75 percent of the partner’s tax savings resulting from the             
          flowthrough partnership deductions.  The 75-percent tax savings             
          were determined first by computing the partner’s tax liability              
          without participation in a Hoyt partnership and then computing              
          the partner’s tax savings using the Hoyt partnership loss.  The             
          difference in the two calculations was the partner’s tax savings,           
          of which 75 percent was paid to the Hoyt organization and 25                
          percent was to be retained by the partner.  In addition, in the             
          initial year of investment, amended returns claiming refunds were           
          often filed for the partner’s prior 3 taxable years.  The Hoyt              
          organization received 75 percent of such refunds, and the                   
          partners retained 25 percent.  Each year the partner’s payment to           
          the Hoyt organization was adjusted to reflect the 75/25 split.              
          Because the investment was based on “tax savings” and not on                
          original cash outlay, Hoyt’s partnership scheme essentially paid            
          for itself.                                                                 
               It is clear that the sheep partnerships were merely a facade           
          Hoyt used to provide the fraudulent tax benefits he promised to             
          the partnerships’ investors.  Hoyt’s promotional materials so               
          indicate.  Hoyt did not have a separate prospectus for each of              
          the sheep partnerships.  Instead, he used the same promotional              
          materials he had prepared for the cattle partnerships.  And the             
          promotional materials used to market the investments focused                







Page:  Previous  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  Next 

Last modified: November 10, 2007