Thomas B. Drummond - Page 34

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          expertise.22                                                                
               Petitioner spent time in riding, exercising, and/or caring             
          for Moonshadow from July 1988 when he acquired it until sometime            
          during 1990 when it became lame.  During that period, petitioner            
          spent about 15 to 18 hours a week in riding, exercising, and                
          caring for Moonshadow during the mornings when he was not provid-           
          ing services as a psychologist.23  Although the record estab-               
          lishes that during 1990 petitioner purchased Jill24 and Gator25             
          and rode Jill and that around 1991 Jill had a colt named Zack, it           

          22  Petitioner claims that during the years at issue he hired               
          experts to train his horses.  However, the record does not                  
          identify such experts, their qualifications, or the specific                
          training that they allegedly provided to petitioner's horses                
          during those years.  What the record does show is that it was not           
          until 1994, after the years at issue, that petitioner asked Ms.             
          Lyman from time to time to train some of his horses and that it             
          was at some undisclosed time during the period 1992 through 1995            
          that petitioner asked her to advise him how to market them.                 
          23  Petitioner suggested in his testimony that, during the period           
          from July 1988 until Moonshadow became lame in 1990, he worked              
          with Moonshadow in the ring in an effort to teach it to move                
          laterally and backwards.  We found petitioner's testimony in this           
          regard to be general and vague.  For example, he did not specify            
          the extent of, or the time he spent on, any such exercises for              
          Moonshadow.                                                                 
          24  When petitioner acquired Jill sometime during 1990 after                
          Moonshadow became lame, he did not realize that it did not                  
          possess the characteristics necessary for a show horse or a                 
          competitive horse, from which we infer that he may not have                 
          properly investigated the potential of that horse before he                 
          purchased it.                                                               
          25  Petitioner purchased Gator, a five-year old gelding, during             
          1990.  However, Ms. Lyman did not begin to train any of peti-               
          tioner's horses until the spring of 1994.  Although Ms. Lyman               
          provided some training to Gator, it is not clear from the record            
          whether that training occurred in the spring of 1994 or thereaf-            
          ter.                                                                        




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