Rhett Rance Smith and Alice Avila Smith, et al. - Page 26




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          and also provided him a double-wide trailer to live in and                  
          allowed him personal use of a pickup truck.  Mr. Hughes performed           
          the farm labor and Zane was the decision maker for the activity.            
               Zane decided to graze his cattle rather than confine them              
          because he believed that grazing positively affected the                    
          longevity of the cattle.  He also leased an additional 60 acres             
          of a farm adjacent to Columbus Dairy for the purpose of grazing             
          cows.  All milk cows were grazed at the Columbus Dairy property             
          and on the adjacent leased land.  Automatic milking equipment was           
          placed in service in October 2001, and milking operations                   
          commenced during 2002.  Zane began reporting the cattle activity            
          and deducting expenses in his 1998 tax year.  Zane kept a                   
          separate bank account for the Columbus Dairy.                               
          Penalties--Reliance                                                         
               Through the 2001 tax year, Mr. Kramer prepared Rance and               
          LaRhea’s tax returns.  Mr. Kramer understood that one of the                
          purposes of the Oregon property was to raise and breed horses.              
          He believed that Rance and LaRhea purchased the Oregon property             
          on account of their concerns about “Y2K” and their desire to have           
          a self-sustaining facility.  Mr. Kramer told Rance and LaRhea               
          from the beginning of their Schedule F activity that they needed            
          to show revenues in order to avoid “hobby loss classification”.             
          The only revenue Mr. Kramer was aware of was the sale of one                
          horse in the second or third year.                                          







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