Charles H. Butler and Judith K. Butler - Page 26

                                                - 26 -                                                   

            perfecting of title in the rights to the water in the reservoir                              
            on their property.                                                                           
                  The Knauss suit also involved property rights.  The record                             
            demonstrates that petitioners defended against the claim of an                               
            easement on the Pescadero property.  Petitioners contend that                                
            such an easement would have prevented the livestock from freely                              
            traversing the property for pasturage purposes and would have                                
            prevented petitioners from installing and maintaining the                                    
            irrigation system.  Consequently, petitioners contend that the                               
            outcome of the Knauss lawsuit would have affected the income                                 
            arising from petitioners' farming activity.  The origin of the                               
            claim in the Knauss lawsuit, however, also involved a defense of                             
            property rights.  Knauss was denied a right-of-way or easement                               
            across the Pescadero property, and the expenses incurred in                                  
            connection with the Knauss lawsuit are capital in nature and                                 
            nondeductible.                                                                               
                  To reflect the foregoing and due to concessions of the                                 
            parties,                                                                                     

                                                       Decision will be entered                          
                                                 under Rule 155.                                         











Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  

Last modified: May 25, 2011