Durham Farms #1 - Page 80




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          Rules 142(a), 240(a).                                                       
               On brief, petitioners concede they have failed to produce              
          any evidence regarding the section 179 expense that Management              
          claimed for its 1989 tax year.  Consequently, we sustain                    
          respondent’s determination in the FPAA disallowing Management               
          such expense for the 1989 tax year.  See Rules 142(a), 240(a).              
          Issue 10.  Management’s Income                                              
               In the FPAA’s issued to Management for its 1987, 1988, 1989,           
          and 1990 tax years, respondent determined that Management (1) had           
          (a) substantial management fees from its receipt of calves and              
          culls from numerous cattle-breeding partnerships and (b)                    
          substantial sale income from its transfer of much of those same             
          cattle to Ranches, (2) had unreported 1990 capital gains income             
          from its sale of certain other assets, (3) received taxable                 
          distributions of assets from Ranches and Hoyt & Sons Ranch                  
          Properties, and (4) had income from the discharge of                        
          indebtedness.                                                               
               As discussed supra in connection with Issues 1, 8, and 9,              
          the Court has determined that cattle-breeding partnerships the              
          Hoyt organization formed and operated from 1987 through 1992 did            
          not acquire the benefits and burdens of ownership with respect to           
          breeding cattle they purportedly acquired from the Hoyt                     
          organization and were not the owners for tax purposes of any                
          breeding cattle.  These partnerships thus did not have any cattle           






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