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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".
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