River City Ranches #4 - Page 133



                                       - 71 -                                         
          RCR #4 and RCR #6, had allegedly purchased from Barnes Ranches              
          from 1981 through 1987, petitioners presented scant evidence to             
          substantiate OGT 90's alleged 1990 purchase of individual                   
          breeding sheep from W.J. Hoyt Sons Ranches MLP.  Petitioners                
          submitted virtually no contemporaneous transactional documents              
          and records for OGT 90.  See supra note 9.  The Court further               
          does not find convincing Mr. Hoyt's explanation as to why no                
          pertinent documents and records for OGT 90 could be produced.32             
          Thus we conclude that petitioners have failed to produce                    
          sufficient evidence substantiating OGT 90's claimed 1991                    
          depreciation deduction with respect to the purported 1,301                  
          breeding sheep" that it allegedly purchased during 1990.33                  












               32In his testimony, Mr. Hoyt indicated that OGT 90's records           
          and many records of the other partnerships were unavailable,                
          because those records had been seized by postal inspectors from             
          his organization's offices in 1995.  However, the postal                    
          inspector who conducted the seizure testified that shortly after            
          effectuating the seizure, he had provided Mr. Hoyt with an                  
          inventory of the seized documents.  This postal inspector also              
          related that, in response to Mr. Hoyt's and Mr. Hoyt's                      
          representatives' later requests, he had offered them access to              
          the documents that had been seized.  According to the postal                
          inspector, Mr. Hoyt was also provided with copies of all the                
          seized documents.                                                           
               33Contrary to petitioners' contention, Mr. Barnes, on cross-           
          examination, stated that he believed that Barnes Ranches had                
          "sold" OGT 90 its "breeding sheep".                                         


Page:  Previous  61  62  63  64  65  66  67  68  69  70  71  72  73  74  75  76  77  78  79  80  Next

Last modified: May 25, 2011