Washoe Ranches # 1, Ltd. Washoe Ranches #2, Ltd., Washoe Ranches #3, Ltd., Washoe Ranches #4, Ltd., Washoe Ranches #5, Ltd., Washoe Ranches #6, Ltd., Washoe Ranches #7, Ltd., Walter J. Hoyt III, - Page 11

                                       - 11 -                                         
          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.  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 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, T.C. Memo. 1989-568.  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.  Cf. 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                
          having an original depreciable basis of $4,000."  We do not think           
          this provision is clear and unambiguous because it could be read            
          on its own to limit the type of cattle held by the partnerships.            
          However, we interpret this paragraph as qualifying the one                  
          directly preceding it which limits the number of cattle subject             




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