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 28

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               Petitioner also makes the following secondary arguments:               
          (1) Various partners' interests have been terminated due to the             
          partners' actions or inactions; (2) a large number of partners              
          defaulted on the notes to Ranches in 1987, and their cattle have            
          been repossessed; therefore, these partners should not be                   
          allocated any partnership debt; and (3) certain partners                    
          terminated their interests in 1994 by letters alleging that the             
          partnerships were terminated shortly after inception.                       
               Respondent objected to any evidence of these purported                 
          actions or inactions as irrelevant because they were subsequent             
          to the taxable years at issue.                                              
               Evidence is relevant if it tends to make the existence of              
          any fact that is of consequence to the determination of the                 
          action more probable or less probable than it would be without              
          the evidence.  Fed. R. Evid. 401.  Petitioner proffered evidence            
          of various livestock exhibitions, sales and programs, letter                
          writing campaigns from 1992 through 1994, and a management                  
          agreement between Shorthorn Genetic Engineering 1983 #3 and W.J.            
          Hoyt Sons Management Co., Ltd., for years beginning with 1993, as           
          well as termination of interest letters from partners written in            
          1994.  Petitioner has provided no explanation of the relevance of           
          these documents to the taxable years at issue.  The evidence does           
          not tend to show that any partners withdrew from or had their               
          interests in any of the partnerships terminated during the                  





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