Durham Farms #1 - Page 30




                                       - 30 -                                         
          witness Norm Favre’s (Mr. Favre) conclusion there were a total of           
          26,205 cattle in the Hoyt universal herd pursuant to the cattle             
          count he performed from fall 1992 through spring 1993.16                    





               15(...continued)                                                       
          approximately 6,500 adult cows present.  It is further to be                
          noted that following 1985, the Hoyt organization claimed that               
          thousands of breeding cattle that it managed on behalf of                   
          numerous cattle-breeding partnerships died as a result of drought           
          and disease.  In fact, many of the cattle-breeding partnerships             
          claimed deductions on their returns for their alleged large                 
          cattle losses from drought and disease.  Although petitioners               
          have now conceded the loss deductions for drought and disease               
          originally claimed by the partnerships in the instant cases, the            
          Hoyt organization’s prior position was that thousands of breeding           
          cattle were lost during 1987 through 1992 to drought and disease.           
          In addition, the record also contains evidence indicating that,             
          following 1985, the Hoyt organization may have sold off a large             
          number of breeding cattle which had been assigned to the cattle-            
          breeding partnerships.  These cattle loss claims, as well as the            
          Hoyt organization’s possible sale of breeding cattle previously             
          assigned to the partnerships, are discussed more fully notes 30             
          and 31.  At any rate, the figure of 6,500 cattle estimated in the           
          previous 1985 cattle count is neither conclusive nor unequivocal            
          evidence establishing the numbers of breeding cattle that                   
          actually might have been present during the 1987 through 1992               
          period.                                                                     
               16The Hoyt organization hired Mr. Favre to conduct this                
          cattle count.  Originally, Mr. Favre was supposed to count the              
          cattle together with respondent’s expert Mr. Daily.  However,               
          because of disagreements between Mr. Daily and the Hoyt                     
          organization concerning (1) the procedures to be used in                    
          performing the count and (2) scheduling the counts at various               
          locations, Mr. Favre and Mr. Daily conducted their respective               
          cattle counts separately.  It is further to be noted that unlike            
          Mr. Daily (who testified in the instant cases as an expert                  
          witness on cattle counting and cattle appraisal), Mr. Favre did             
          not testify as an expert.  Rather, Mr. Favre testified as a fact            
          witness, and his cattle count report was entered in evidence as a           
          business record of the Hoyt organization.                                   





Page:  Previous  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  Next

Last modified: May 25, 2011