Poison Creek Ranches #1, Ltd., Poison Creek Ranches #2, Ltd., Poison Creek Ranches #3, Ltd., Poison Creek Ranches #4, Ltd., Walter J. Hoyt, III, Tax Matters Partner, et al. - Page 6

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                    The primary purpose of this memorandum is to                      
               memorialize the bases we reached for settling all cases                
               involving Hoyt Cattle partnerships for the years 1980                  
               through 1986.  It is our express intent to apply the                   
               provisions specified in this memorandum to determine the tax           
               effects on partnership transactions and operations.                    
                         *    *    *    *    *    *    *                              
               Satisfaction of obligations for interest, principal payments           
               and management fees by transferring calves and culled cows             
               will constitute ordinary income to the investor                        
               partnerships.  This convention is consistent with the Tax              
               Court's decision in Bales v. Commissioner, which provides              
               that                                                                   
                    -- calves are not section 1231(a) property; and                   
                    -- although culled cattle are section 1231(a) property,           
                    the gain on which may be long term capital gain                   
                    (depending on the holding period), depreciation allowed           
                    must be recaptured as ordinary income under the                   
                    provisions of section 1245.                                       
               Principal payments equal to 10% of the face amount of the              
               notes payable to Ranches will begin according to terms of              
               the notes -- in the sixth year of the partnership * * *                
               The agreement includes a provision listing "the total number           
          of cattle in service and subject to depreciation by the investor            
          partnerships" for each of the taxable years 1980 through 1986.              
               The parties have stipulated:                                           
                    All payments on the promissory notes made by the                  
               partnerships to Hoyt & Sons Ranches beginning in the sixth             
               year after their respective notes were executed were paid by           
               transferring cattle with a zero basis, rather than cash.               
          * * *                                                                       
                    The petitioners agree that all of the figures shown on            
               Schedules (Joint Exhibits 36-AJ through 39-AM) [schedules of           
               the interest and principal due for each of the years 1983              
               through 1986] are correct.  The petitioners agree that all             
               of the interest and principal payments beginning in the                
               sixth year of the notes were made by the transfers of cattle           
               rather than cash. * * *                                                




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