Durham Farms #1 - Page 77




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          partnership claimed to have acquired.  Accordingly, we hold that            
          DGE 84-3 and SGE 84-5 are not entitled to investment credits for            
          the years in issue.                                                         
          Issue 8.  Capital Gains and/or Additional Farm Income                       
               In the respective FPAA’s issued to DF #1, SGE 82-1, DGE 84-            
          3, SGE 84-5, and TBS 89-1 for their 1988, 1989, 1990, 1991,                 
          and/or 1992 tax years, respondent determined that (1) each                  
          partnership had additional farm income from its transfer to a               
          Hoyt organization entity of calves produced by that partnership’s           
          breeding herd, and (2) certain income these partnerships reported           
          from the sale of some of its breeding cattle and breeding value             
          certificates42 was ordinary income, rather than capital gains.              
               As discussed supra in connection with Issue 1, the Court has           
          determined that, during the period covering the 1988 through 1992           
          tax years, SGE 82-1, DGE 84-3, SGE 84-5, and TBS 89-1 did not               
          acquire the benefits and burdens of ownership with respect to the           
          breeding cattle they purportedly acquired from the Hoyt                     
          organization.  As a result, these partnerships never owned for              
          tax purposes any breeding cattle to generate this income                    
          respondent determined they had for the years in issue.                      



               42The sharecrop agreements provided that a partnership would           
          still retain the breeding value certificates (i.e., essentially             
          the rights to any registration papers) on calves produced by its            
          breeding herd, even though, pursuant to the sharecrop agreement,            
          all calves produced were to belong to the Hoyt organization                 
          entity that managed the partnership’s breeding herd.                        





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