River City Ranches #4 - Page 10

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          and RCR #6, entered into similar sheep sale and sharecrop                   
          agreements with Barnes Ranches.9  The separate sheep sale and               
          sharecrop agreements that RCR #4 and RCR #6 each entered into               
          with Barnes Ranches are discussed more fully infra.                         
               The entry dates of the separate sheep sale agreements that             
          these eight sheep breeding partnerships (excluding OGT 90) each             
          concluded with Barnes Ranches, the number of breeding ewes                  

               9The evidence of record does not include written sheep sale            
          agreements between Barnes Ranches and each of the sheep                     
          partnerships.  Although the record contains bills of sale that              
          Barnes Ranches issued to eight of the nine partnerships,                    
          respondent, among other things, asserts that these bills of sale            
          (1) do not accurately reflect the sheep sold to the partnerships,           
          and (2) are inconsistent with (a) the partnerships' returns, (b)            
          records Mr. Hoyt and his organization maintained on the                     
          partnerships' sheep (e.g., annual flock recap sheets), and (c) in           
          some instances, petitioners' original pleadings.  Also, as will             
          be more fully discussed infra, during or after the examinations             
          respondent conducted, Mr. Hoyt and his representatives originally           
          provided to respondent a bill of sale, dated Feb. 1, 1984,                  
          reflecting that 1,350 sheep had been sold to RCR #4.  However,              
          Mr. Hoyt later testified this document was only a "draft bill of            
          sale", and indicated that another document listing 1,468 sheep              
          was the actual finalized bill of sale issued  by Barnes Ranch to            
          RCR #4 on Feb. 1, 1984.  Furthermore, the parties dispute whether           
          OGT 90 and Barnes Ranches entered into similar sheep sale and               
          sharecrop agreements in 1990.  Respondent contends that such                
          agreements were entered into, whereas petitioners contend OGT 90            
          entered into agreements with W.J. Hoyt Sons Ranches MLP, not with           
          Barnes Ranches.  While no written sharecrop agreement between OGT           
          90 and W.J. Hoyt Sons Ranches MLP and corresponding bill of sale            
          listing OGT 90's purchased sheep were offered in evidence, the              
          record does contain a later sharecrop agreement between OGT 90              
          and Barnes Ranches covering a term from Oct. 1, 1993, through               
          Sept. 30, 2004.                                                             

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Last modified: May 25, 2011