Durham Farms #1 - Page 24




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          cattle, Mr. Daily asked the ranch manager to sign a statement               
          agreeing or disagreeing with the numbers of cattle Mr. Daily                
          determined were present.  With just a few exceptions, all of the            
          ranch managers at each location agreed with Mr. Daily’s cattle              
          numbers.  During the cattle count he conducted, Mr. Daily further           
          had asked Jay Hoyt to disclose whether there were any additional            
          locations where other cattle might be located.  However, in his             
          witness statement submitted to the District Court on or about               
          January 23, 1993, Jay Hoyt maintained that the specific locations           
          for the cattle had been provided to respondent and indicated that           
          he saw no reason why the cattle count could not go on.                      
               In the respective FPAA’s issued to DF #1, SGE 82-1, DGE 84-            
          3, SGE 84-5, DGE 86-2, TBS 89-1, and TBS 90-1, respondent, among            
          other things, determined that the partnerships had failed to                
          substantiate many of their claimed deductions.  For instance,               
          with respect to the depreciation deduction DF #1 claimed on its             
          breeding cattle for its year ended September 30, 1991, the FPAA             
          issued to DF #1 for that year states, in pertinent part:                    
               It has been determined that * * * [DF #1] is not                       
               entitled to the depreciation deduction claimed on its                  
               Schedule F because the partnership has not established:                
               (1) That it possessed depreciable assets which it used                 
               for the production of income or in carrying on a trade                 
               or business; (2) the accumulated depreciation and                      
               depreciable basis of its assets; and (3) the relevant                  
               date and proper computation method.                                    
               In the FPAA’s issued to Management for its years ended                 
          September 30, 1987 through 1990, respondent, among other things,            





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