- 26 - perfecting of title in the rights to the water in the reservoir on their property. The Knauss suit also involved property rights. The record demonstrates that petitioners defended against the claim of an easement on the Pescadero property. Petitioners contend that such an easement would have prevented the livestock from freely traversing the property for pasturage purposes and would have prevented petitioners from installing and maintaining the irrigation system. Consequently, petitioners contend that the outcome of the Knauss lawsuit would have affected the income arising from petitioners' farming activity. The origin of the claim in the Knauss lawsuit, however, also involved a defense of property rights. Knauss was denied a right-of-way or easement across the Pescadero property, and the expenses incurred in connection with the Knauss lawsuit are capital in nature and nondeductible. To reflect the foregoing and due to concessions of the parties, Decision will be entered under Rule 155.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Last modified: May 25, 2011