James L. Sullivan and Dorothy B. Sullivan - Page 32

                                       - 32 -                                         

          Colonel Rey Lew has been bred only 3 to 4 times per year since              
          199213 and his breeding fee in 1992 was $500.  Notwithstanding              
          petitioners' contention that a cutting horse stallion's full                
          value depends upon the success of his offspring, at trial they              
          were uncertain of the total number of Colonel Rey Lew’s offspring           
          and were familiar with only seven or eight of such offspring.               
          Thus it would appear either that petitioners have not been                  
          businesslike in monitoring Colonel Rey Lew's value, or the                  
          performance of offspring is not as important as petitioners                 
          argue, which suggests a shorter development period.  In any                 
          event, petitioners estimated Colonel Rey Lew’s value at the time            
          of trial, when he was a 10-year-old, as between $100,000 and                
          $150,000.  Although petitioners offered much speculation at trial           
          that Colonel Rey Lew would continue to grow in value, we do not             
          believe the evidence provides any basis to believe that the                 
          horse's value will increase dramatically in future years.  He has           
          already been "campaigned" extensively in professional and                   
          nonprofessional classes, has been bred, and, according to                   
          petitioners, has produced some offspring of promise.  Thus we               
          believe he has completed any fair approximation of a development            
          period.  Yet even petitioners' estimate of his value, though                

               13 Petitioners and Mr. Hightower testified that extensive              
          breeding interferes with competition, which may explain less                
          breeding in 1992 and 1994, years in which the record indicates              
          that Colonel Rey Lew competed extensively.  However, no such                
          explanation exists for 1993 or 1995.                                        




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