- 59 - 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.Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
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