Durham Farms #1 - Page 25




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          determined that Management had failed to report tens of millions            
          of dollars of income from (1) cattle purportedly transferred to             
          it by numerous cattle-breeding partnerships as management fees              
          under the sharecrop agreements between them and Management and              
          (2) large numbers of those same cattle Management then                      
          purportedly transferred to Ranches in payment for feed,                     
          management, consulting, freight services, and other goods and               
          services provided by Ranches.                                               
               DF #1, SGE 82-1, DGE 84-3, SGE 84-5, DGE 86-2, TBS 89-1, TBS           
          90-1, and Management filed respective petitions seeking review of           
          the FPAA’s that had been issued to them.  In their respective               
          petitions or amended petitions, these partnerships have modified            
          the depreciation and other deductions being claimed by them for             
          the years in issue.  The total depreciation, other deductions,              
          and other adjustments now in issue are given infra in appendix B            
          to this Memorandum Opinion.                                                 
                                       OPINION                                        
               Petitioners bear the burden of proving that respondent’s               
          determinations in the FPAA’s are incorrect.  See Rules 142(a),              
          240(a); Welch v. Helvering, 290 U.S. 111 (1933).  Particularly,             
          where respondent, as in the instant cases, has disallowed                   
          depreciation and other deductions claimed by a partnership, it is           
          incumbent on petitioners to substantiate and establish the                  
          partnership’s entitlement to those deductions under the terms of            






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Last modified: May 25, 2011