Durham Farms #1 - Page 28




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               A.  Whether DF #1, SGE 82-1, DGE 84-3, SGE 84-5, DGE 86-2,             
          TBS 89-1, and TBS 90-1 Acquired the Benefits and Burdens of                 
          Ownership as to Specific Breeding Cattle                                    
               For DF #1, SGE 82-1, DGE 84-3, SGE 84-5, DGE 86-2, TBS 89-1,           
          and TBS 90-1 to be entitled to their claimed depreciation                   
          deductions, each partnership must establish that it acquired the            
          benefits and burdens of ownership as to the specific individual             
          breeding cattle making up its alleged breeding herd.  In that               
          connection, however, the record discloses petitioners to be in              
          substantial difficulty in establishing that each partnership                
          actually acquired anywhere near its stated number of breeding               
          cattle.  Indeed, the evidence petitioners presented to                      
          substantiate and identify the specific individual breeding cattle           
          these partnerships “owned” is considerably lacking, exhibits                
          major shortcomings, and, at times, is directly contradicted by              
          the Hoyt organization’s own internal documents.  Certain of these           
          internal documents raise serious doubts in the Court’s mind as to           
          whether large numbers of the breeding cattle allegedly sold these           
          partnerships, in fact, existed.                                             
               No registration papers with respect to specific breeding               
          cattle were obtained in any partnership's name.  Rather, any                
          registration certificates reflect only the Hoyt family to be the            
          owner of those registered cattle.14                                         


               14Unlike the parties in River City Ranches #4, J.V. v.                 
          Commissioner, T.C. Memo. 1999-209 (a case involving similar                 
                                                             (continued...)           





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