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farm. Harris did not pay petitioner for permitting him to graze
his cattle or grow hay on the farm during the years in issue, and
petitioner did not pay Harris for his work on the farm.
Petitioner worked up to 40 hours a week in the evenings and
weekends from mid-April to September each year to maintain the
farm. He worked on the farm 750 to 2,000 hours per year during
the years in issue. He maintained fence rows and creek areas,
tore down a barn, bushhogged, cleared underbrush, filled ditches,
and removed weeds. He planted about 1,000 trees a year,
including ornamental and maple trees around the house and walnut
and white oak trees on the hills. He performed all of the work
on the farm himself except for the work done by Harris.
Petitioner believed that the timber from the walnut trees he
planted will be harvestable in 30 years, timber from the white
oak trees will be harvestable in 50 to 70 years, and the walnut
trees will provide a cash crop about 5 years after planting.
Petitioner did not own any livestock.
Petitioner enjoys living on the farm and the strenuous
physical labor. Since 1995, he has not hunted on the farm and he
has gone fishing on the farm twice. Mrs. Mitchell did not work
on the farm during the years at issue.
2. Petitioner’s Business Records and Business Plan
Petitioner did not have a budget, a business plan, or a
separate bank account for the farm. He did not take farming or
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Last modified: May 25, 2011