- 77 - 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.Page: Previous 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 Next
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