- 71 - The record further reflects that DF #1, during some of the years in issue, also claimed interest deductions with respect to certain notes it issued in connection with transactions that might have been the subject of the Bales decision. These alleged interest payments were “made” by the partnership purportedly transferring back (at inflated values) “cattle” to the Hoyt organization. For instance, a Hoyt organization payment summary and a payment receipt reflect that, in early 1987, DF #1 transferred to the Hoyt organization 14 heifers having a stated total value of $111,056 (which works out to an average stated value per heifer of just under $8,000) and that the Hoyt organization credited this $111,056 “payment” against three of DF #1's promissory notes, including two notes that DF #1 issued, respectively, in 1976 and 1977. The payment summary further reflects that the Hoyt organization credited this $111,056 “payment” against the three notes, allocating $13,231 to interest and $97,925 to principal. We are aware that the DF #1 notes issued in connection with the transactions involved in Bales were previously determined by this Court to be valid recourse indebtedness. However, in the instant cases, the Court does not believe DF #1 to be entitled to interest deductions on those notes for the years in issue. As indicated previously, petitioner’s collateral estoppel claim is not properly before the Court. See supra note 39. Moreover, byPage: Previous 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 Next
Last modified: May 25, 2011