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 14

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          other provisions of the agreement.                                          
               For example, although not relevant to these cases, the                 
          agreement provides that cattle owned by the partnerships as of              
          January 1, 1980, will be considered fully depreciated at the end            
          of 1981.  Thus the agreement provides that there are cattle that            
          are no longer subject to depreciation.                                      
               In addition, as set out above, the agreement provides that             
          payments made by the partnerships to Ranches by transfer of                 
          calves or culled cows will constitute ordinary income in a manner           
          consistent with the decision in Bales v. Commissioner, T.C. Memo.           
          1989-568.  In that case the Court stated that dispositions of               
          breeding cattle, including culled cows, are taxed pursuant to               
          section 1231(a) subject to the recapture provisions of section              
          1245.  The Court further stated that calves that are used for               
          payment on the notes are not held for breeding purposes and are             
          not accorded section 1231 treatment.  Bales v. Commissioner,                
          supra.  Such calves would not be subject to an allowance for                
          depreciation and thus would not be subject to the limitation on             
          depreciable cattle set forth above.  Sec. 1.167(a)-6(b), Income             
          Tax Regs.  If petitioner's reading were accepted, this provision            
          concerning calves would be rendered meaningless.                            
               We note that the agreement is not completely clear in all of           
          its terms.  In part, the agreement provides:  "For Federal income           
          tax purposes, all the cattle are adult breeding cattle, each                





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