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analyzing whether the requisite profit motive exists. They claim
that the farm where the horses were boarded appreciated over the
years. There is no reliable evidence in the record, however, of
the value of the land. Petitioner gave evasive and inconsistent
testimony about disposition of the land when Sun State Farm was
dissolved. Petitioner testified:
Q [Respondent’s counsel] When Sun State Farm was
dissolved, the property was sold; is that correct?
A [Petitioner] Yes.
Q In 1996, after Sun State Farm was dissolved,
who purchased that property?
A I don’t know.
Q You don’t know?
A No.
Q Did you purchase that property?
A No.
Q So, you just previously testified that you
currently own that property; is that correct?
A Yes.
Q So at what point did you purchase the
property?
A I never purchased it.
It is unclear from this testimony how petitioner would have had
an interest in appreciation of the land after 1996, and there is
no evidence that any appreciation was realized in or before 1996.
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