River City Ranches #1 Ltd., Jeffry Bergamyer, Tax Matters Partner - Page 45




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          heavily on the investors’ tax savings.  One brochure, titled “The           
          1,000 lb Tax Shelter”, highlighted the investors’ writeoffs,                
          refers to the investment as a tax shelter, and emphasizes that              
          the primary return on an investment in a Hoyt partnership would             
          be from the tax savings.  See Van Scoten v. Commissioner, T.C.              
          Memo. 2004-275 (where the Tax Court made a similar finding based            
          on its review of the same Hoyt brochure), affd. 439 F.3d 1243               
          (10th Cir. 2006).  In Van Scoten, we pointed out that the 1,000             
          lb Tax Shelter brochure spent numerous pages explaining the tax             
          benefits of investing in a Hoyt partnership and explaining why              
          investors should trust only Hoyt’s organization to prepare their            
          individual Federal income tax returns.  Another brochure, bearing           
          the heading “Harvesting Tax Savings by Farming the Tax Code”,               
          also emphasized tax savings and explained that the investment               
          could be financed from the investors’ tax savings, which the                
          investors otherwise would have paid to the IRS.                             
               The partners’ individual income tax returns were often                 
          prepared first by the Hoyt Tax Office to claim partnership                  
          deductions or credits sufficient to eliminate or substantially              
          reduce a partner’s tax liability.  Subsequently, the partnership            
          returns were prepared to reflect the amounts reported on the                
          partners’ individual income tax returns.  The promotional                   
          materials explained that, beginning in 1982, other members of the           
          Hoyt Tax Office would sign the individual partners’ tax returns             







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