- 34 - On brief, however, petitioners attempt to gloss over and minimize their failure and inability to identify large numbers of the individual breeding sheep that RCR #4, RCR #6, and the other partnerships purportedly purchased from Barnes Ranches. Petitioners specifically argue, in pertinent part, as follows: The petitioners acknowledge that there are significant problems with the Schedule A's [listing and identifying all the specific breeding sheep a partnership ostensibly purchased from Barnes Ranches] attached to the bills of sale. Clearly, the person or persons who put the data into the computer which was then placed on the Schedule A's made numerous errors. It appears that in some cases, only the ear tag entry may be reliable. However, even while the Respondent recognizes that there are 3,176 matches between the bills of sale and the registration certificate data base, the Respondent asks the Court to totally and entirely disregard the bills of sale. Why? Should not the partnership be given depreciation for the animals that the Respondent agrees are there? The fact is, the Schedule A is just an attachment to the bill of sale. The critical issue is not the identification of specific animals, but whether the partnership purchased the breeding flock it purported to purchase. Did RCR #4 purchase 1,350 breeding sheep?[15] The answer to that question is not found by attacking the Schedule A, which has many errors among the 475 entries which the parties stipulate match 14(...continued) 1,300 sheep. 15Petitioners contend that RCR #4 purchased 1,468, not 1,350, breeding sheep from Barnes Ranches on Feb. 1, 1984. Mr. Hoyt testified that the bill of sale document in evidence listing 1,468 sheep, not another bill of sale document listing only 1,350 sheep, was the actual, final bill of sale that Barnes Ranches issued. See supra note 9. However, as the Court determined in its findings, the document Mr. Hoyt claimed was the actual bill of sale had not been prepared until sometime after early 1986.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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