James D. Schlicher - Page 5

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          legally precluded from constructing any residential buildings on            
          this portion of the property.  However, petitioner is permitted             
          to build agricultural structures on this portion of the land.               
               Within the 2-year period following the date of sale of the             
          Livermore residence, petitioner incurred expenses of $146,922 to            
          construct a residence, garage, and a barn on the Clayton                    
          property, which he used for personal purposes.  In this same time           
          period, petitioner spent substantial amounts of money to                    
          construct buildings for use in his boarding and breeding                    
               While living on the Clayton property, petitioner continued             
          to work as a farrier and to board and breed horses.  Petitioner             
          concedes that he operated his horse boarding and breeding                   
          business on 7-� acres of the Clayton property after the purchase.           
          At any given time, petitioner boarded an average of 30 horses on            
          the Clayton property, approximately the same number of horses               
          that he boarded on the leased premises in Livermore.  Petitioner            
          fenced off the horse boarding and breeding facility from the                
          remainder of the Clayton property using special fencing safe for            
          horses.  In the fenced area there is a 20-stall barn and paddocks           
          (an enclosed area used for pasturing or exercising horses).  Not            
          all of the boarded horses are kept in the stalls; some of them              
          stay in the fenced areas outside, while others remain in the                

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Last modified: May 25, 2011