- 17 - That Dr. Burrus’s primary profit motive during the years in issue was based on land appreciation rather than the cattle operation is also reflected in his actions with respect to FBHR. Although Dr. Burrus’s disenchantment with FBHR’s cattle breeding operations caused him to seek to reduce his share of the partnership’s profits and losses from 50 percent to 20 percent, he nonetheless was careful to retain his 50-percent interest in the partnership’s land. At the dissolution of FBHR, the partners agreed that Dr. Burrus would receive only 20 percent of the cattle and other assets except the land. With respect to the land, Dr. Burrus had the option of either selling his half interest or buying Dr. Foreman’s, based on Dr. Foreman’s appraisal. Dr. Burrus opted to buy, even though a half interest in the Cheatham Property had nearly tripled in value during the partnership’s ownership, from approximately $300,000 to over $800,000. Dr. Burrus’s own statement of his profit expectations regarding the Maple Row land and the significance of the cattle herd thereto, his expressed interest in land as an investment, his wife’s description of her occupation as “real estate manager”, and his actions with respect to the FBHR partnership all point convincingly to the conclusion that he held the land utilized in Maple Row’s operations primarily with the intent toPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011