River City Ranches #4 - Page 107

                                       - 45 -                                         
                    OGT 87         1,849          668                                 
                    RCR #5-2      1,873            466                                
               It is not surprising that petitioners were able to match far           
          from all of their 9,361 corrected bill of sale entries to                   
          certificates.  Indeed, at trial, Mr. Barnes claimed that just a             
          "majority" of the breeding sheep that RCR #4 purchased from him             
          were actually "registered sheep".  (In giving this "majority of             
          the sheep" estimate, Mr. Barnes apparently counted as "registered           
          sheep" even sheep that had only been issued Barnes certificates.)           
          Similarly, during his cross-examination, Randy could not estimate           
          how many of RCR #6's "breeding sheep" were ultimately registered            
          with a national sheep breed association, but instead he                     
          maintained that all of those sheep were "registerable" (i.e.,               
          capable of being registered).                                               
               As respondent points out, a registration certificate does              
          not conclusively establish that a sheep, though registered with a           
          national sheep breed association, actually existed.  Respondent             
          notes that the three national sheep breed associations with which           
          Rambouillets and Suffolks were registered, never physically                 
          inspected or otherwise verified whether a sheep being registered            
          with them actually existed, but essentially they relied upon and            
          accepted to be true the registration application information a              
          breeder submitted.  Respondent further notes that Barnes’                   

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Last modified: May 25, 2011