S.K. Johnston, III and Julie N. Boyle f.k.a. Julie N. Johnston, et al. - Page 29

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            had not been sold to recuperate, and start training another                               
            string of horses for the summer selling season.  This string was                          
            not of the same quality as the Florida horses, because the level                          
            of play at the summer selling clubs was not as high, and second-                          
            tier purchasers were not willing to spend as much money.                                  
                  Petitioner and S.K. Johnston would meet with Atkinson at                            
            the beginning of each year to discuss the selling strategy during                         
            the upcoming season.  During this time the three of them would                            
            decide which clubs and tournaments Atkinson would travel to based                         
            on the caliber of clientele attending.  Atkinson knew the level                           
            of players at the various clubs and tournaments and what the                              
            purchasers at those events would be willing to spend.  Based on                           
            that information, petitioner, S.K. Johnston, and Atkinson decided                         
            which ponies Atkinson would take with him to Florida.  They would                         
            also prepare a budget for the upcoming sales season.                                      
                  During the years at issue, BPS made additional income from                          
            an annual sponsorship fee that Coca-Cola Co. paid the partnership                         
            to put together a polo team to play in matches.                                           
                  BPS faced a history of losses.  After losing its key                                
            employee, BPS sold off the remaining horses and in 1993 the                               
            partnership was dissolved.                                                                
                  Discussion                                                                          
                  Once again, respondent points to a history of losses,                               
            petitioners use of such losses to offset other income, and the                            





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