Durham Farms #1 - Page 9




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          some point before the years in issue, Jay Hoyt  decided that when           
          the Hoyt family sold breeding cattle to a cattle-breeding                   
          partnership, he should not be negotiating as general partner of             
          that cattle-breeding partnership its purchase of those same                 
          cattle and then managing that partnership’s cattle under a                  
          sharecrop agreement between the partnership and W.J. Hoyt & Sons.           
          However, despite these different entities the Hoyt family                   
          employed, Jay Hoyt continued to head the Hoyt organization and              
          was ultimately in charge of all of the Hoyt organization’s                  
          operations.  All of the individuals managing various entities in            


               5(...continued)                                                        
          among other things, determined with respect to the transactions             
          of several earlier cattle partnerships (which the Hoyt family               
          organized and operated, including DF #1) that (1) those                     
          partnerships had acquired the benefits and burdens of ownership             
          with respect to specific breeding cattle and (2) the promissory             
          notes they issued were valid recourse indebtedness.  In addition,           
          Jay Hoyt (as tax matters partner) and respondent later concluded            
          settlements with respect to the years 1980 through 1986 of those            
          partnerships and a number of other cattle-breeding partnerships             
          the Hoyt family organized (including settlements for 1980 through           
          1986 for some of the seven cattle-breeding partnerships involved            
          in the instant cases).  In the instant cases, which involve the             
          years 1987 through 1992 and concern transactions the seven                  
          cattle-breeding partnerships in issue entered into after those in           
          Bales, however, the parties disagree whether these seven cattle-            
          breeding partnerships obtained actual ownership of specific                 
          breeding cattle and whether the promissory notes the partnerships           
          issued were valid indebtedness.  The terms “sale”, “sold”,                  
          “purchase”, “partnership’s cattle”, and similar terms, insofar as           
          relating to subsequent transactions now in issue, are used herein           
          for convenience and are not intended as ultimate findings or                
          conclusions concerning the partnerships’ acquisition of cattle.             
          Similarly, the use herein of such terms indicating that interest            
          or principal payments were due should not be construed as our               
          conveying any legal conclusion concerning the validity of the               
          partnerships’ promissory notes.                                             





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