Durham Farms #1 - Page 50




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          herd recap sheets the Hoyt organization prepared.  For instance,            
          although he did not elaborate and identify the specific documents           
          upon which he relied, he claimed his 1987 estimate was based on             
          his examination of certain 1986 and 1987 documents.  In addition,           
          petitioners (as was earlier indicated supra note 17) maintain the           
          annual herd recap sheets in evidence reflect the cattle-breeding            
          partnerships to have owned the following total numbers of cattle            
          on the dates indicated:                                                     
                    Date   Total Number of Cattle                                     
                         1-1-87          22,457                                       
                         1-1-88         25,613                                        
                         1-1-89          23,418                                       
                         1-1-90          17,336                                       
                         1-1-92         22,148                                        
               The Court does not accept petitioners’ contentions                     
          concerning the numbers of breeding cattle present during 1987               
          through 1992.  As was previously discussed, the Court considers             
          much of Jay Hoyt’s testimony in the instant cases evasive and               
          less than forthright.  Accordingly, the Court does not find his             
          cattle estimates credible.  Moreover, as was also previously                
          discussed, the Court found highly suspect the 1987 through 1992             
          herd recap sheets and does not believe those herd recap sheets to           
          be contemporaneous and reliable documents.                                  
               The credible evidence in the record essentially confirms and           
          supports Mr. Daily’s estimates of breeding cattle that were                 
          present during 1987 through 1992.  Mrs. Schnitker, who served as            






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