- 35 - registration certificates. * * * The answer to the question is found by determining how many sheep were available to be purchased by RCR #4 in 1984. If there were enough animals available for purchase, and the seller and buyer both acknowledge the transaction, and the partnership files a tax return reflecting the transaction, then errors on the Schedule A are not really significant. The petitioners do not wish to minimize the fact that better care should have been taken to prepare correct and complete Schedule A's for attachment to the bills of sale. However, it is the bill of sale which effectuates the transaction, not the Schedule A. Each bill of sale states a number of sheep purchased and these are generally reflected in the flock recap sheets. * * * The Respondent uses many pages of his brief attacking the Schedule A's and the Petitioners, acknowledging there are many errors, will not attempt to convince this Court that an obvious error is somehow accurate. However, this is not a concession that no entries in the Schedule A's are accurate. The parties have stipulated that 3,176 of the approximately 10,000 animals sold to the partnerships are found in both the registration certificates and the Schedule A's. * * * Further, the 1,248 matches that Respondent calls duplicates are duplicates because they are reflected on more than one Schedule A. * * * These animals could clearly have been sold to one partnership, repossessed and resold to another partnership. These 1,248 so-called duplicates should be considered matches by the Court. * * * The respondent would prefer to impugn [sic] criminal behavior to the Petitioners before the Respondent would admit the obvious. * * * there is nothing underhanded in the Schedule A's. There is just a sloppy job of data entry. The Respondent wishes to focus on the Schedule A's. There is good reason to do so (from Respondent's perspective) for to focus on the registration certificates can only lead to one conclusion--there were plenty of animals for each partnership to purchase. Before leaving this discussion of Schedule A's, the Petitioners would like to ask the Court to consider a couple of questions. If a rancher wishes to buy a registered animal from one of the partnerships, wouldPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
Last modified: May 25, 2011