Durham Farms #1 - Page 70




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          approximate the cattle’s fair market value.  The alleged recourse           
          promissory note each partnership issued was not a valid recourse            
          indebtedness.  In some instances, the Hoyt organization                     
          attributed and reallocated certain breeding cattle originally               
          assigned to and “owned” by one partnership to another                       
          partnership.  Accordingly, we hold that DF #1, SGE 82-1, DGE 84-            
          3, SGE 84-5, DGE 86-2, TBS 89-1, and TBS 90-1 did not acquire the           
          benefits and burdens of ownership with respect to the breeding              
          cattle each had purportedly acquired.  See Ferrell v.                       
          Commissioner, supra at 1186-1190; Grodt & McKay Realty, Inc. v.             
          Commissioner, 77 T.C. at 1237-1238.  We further hold that these             
          foregoing partnerships are not entitled to the depreciation                 
          deductions they claimed upon such breeding cattle during the                
          years in issue.                                                             
          Issue 2.  Interest Deductions                                               
               As discussed supra in connection with parts E and F of Issue           
          1, the Court has concluded that the purported recourse promissory           
          notes DF #1, SGE 82-1, DGE 84-3, SGE 84-5, DGE 86-2, TBS 89-1,              
          and TBS 90-1 each issued to the Hoyt organization in transactions           
          subsequent to those involved in Bales v. Commissioner, T.C. Memo.           
          1989-568, were not a valid indebtedness.  Accordingly, we hold              
          that these foregoing partnerships are not entitled to the                   
          interest deductions they claimed for the years in issue with                
          respect to those notes.                                                     






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