Durham Farms #1 - Page 59




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          unrelated third parties in arm’s-length transactions.34  Mrs.               
          Schnitker testified as to the prices she obtained in selling                
          cattle as Management’s cattle marketing director from 1987                  
          through 1990.  Her sales included sales to feedlots (whereby the            
          cattle essentially would be sold at meat prices) and other sales            
          to Shorthorn breeders.  She related that the best quality (i.e.,            
          “A” herd) mature breeding cows with registration papers could go            
          for a price as high as $2,000 or $2,500, depending upon the                 
          individual cow’s quality.  However, lesser quality cattle without           
          registration papers (i.e., “B” herd or lower) would sell for                


               34The record discloses that the Hoyt organization contrived            
          certain transactions pursuant to which small numbers of breeding            
          cattle (possibly “belonging” to some of the cattle-breeding                 
          partnerships) ostensibly were sold for high prices.  For                    
          instance, in an interoffice memorandum dated Dec. 9, 1985, Jay              
          Hoyt outlined plans to have his brother Bob Hoyt and the                    
          brother’s business associate “purchase” a heifer for $19,000 at             
          one of the Hoyt organization’s cattle sales to “help our sales              
          average”.  This memorandum further states that (1) Ranches would            
          provide the brother and the brother’s business associate with the           
          funds to “purchase” the heifer and (2) the brother and business             
          associate would “transfer” the heifer back as their capital                 
          contribution to a Timeshare partnership.  In another instance, in           
          his memorandum dated Dec. 2, 1991, to various Hoyt organization             
          workers, Jay Hoyt instructed the workers to have the partnership            
          representatives line up two individuals to buy two Timeshare                
          bulls at the Red Bluff and Klamath Falls cattle sales.  These two           
          bulls, Jay Hoyt stated, should “sell” for $4,500 to $5,000                  
          apiece.  He added that if the money had to be provided to the two           
          individuals, the workers should take it out of the General                  
          Partners’ Office (an office in the Hoyt organization) and should            
          get the money back to the General Partners’ Office by deducting             
          the money out of the Feedlot Co.’s (another entity in the Hoyt              
          organization) first check from the Red Bluff and Klamath Falls              
          sales.  At any rate, the Court finds the bona fides of these and            
          other similar “transactions” to be highly suspect and                       
          questionable.                                                               





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