Martin and Marion Abbene - Page 24

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            contend that King Lion and Magic Moment both suffered injury and                             
            that Nakita suffered from fertility problems.                                                
                  Petitioners presented no evidence in support of Mr. Abbene's                           
            testimony that he initially expected King Lion, Magic Moment,                                
            Spectacular Rhythm, or Nakita to increase in value.  By                                      
            petitioners' own admission, the horses actually decreased in                                 
            value during and after the years in issue.  Although petitioners                             
            contend that King Lion and Magic Moment both suffered injuries                               
            and illness17 that prevented them from being actively shown                                  
            during the years in issue, they offered no evidence regarding the                            
            nature or extent of the purported injuries.  Moreover, the record                            
            is devoid of any evidence of the value of the horses had they                                
            remained healthy, and we cannot ignore the fact that Blue Ribbon                             
            was never profitable even when King Lion and Magic Moment were in                            
            full health.                                                                                 
                  Petitioners contend that they expected Spectacular Rhythm                              
            and Nakita to increase in value if they were successfully bred.                              
            Petitioners, however, offered no evidence that they implemented                              
            any type of breeding plan or method for acquiring horses                                     
            appropriate for breeding purposes.  Although Spectacular Rhythm                              


            17    King Lion contracted pleurisy and pneumonia during 1993 when                           
            he went to Texas with the Olympic team.                                                      







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