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Petitioner relies on Mr. Schoolfield’s testimony that he
could not say for certain that he did not have a 50-percent
interest in Lot 23 at the time of its sale to Mr. Bass and that
he could not say for certain when the “ultimate division” of the
respective interests in the High Plains Property had occurred.
24(...continued)
acre tracts, of which you and Walter were 50 percent
beneficial owner interest in, were sold and then also
you and he ultimately divided up what was left; is that
right?
A I don’t know that that’s correct. What was left,
we--somewhere in there I said, “Here, look, let me have
X tracts and this is--and you take the rest of it. You
take it all.”
Q And as you sit here today, you’re not sure when
that happened, what the date of that was.
A That’s correct. I don’t know that I can give you
a date. I don’t think I could.
Q So, am I correct in your testimony that if that
date happened, if you split up, and the document, the
deed on page 1 is one of the 5-acre tracts that Walter
got, then you would not have had any interest in it if
it went to Walter after you and he split up.
A Yeah.
Q And if it happened before the split-up, then you
would have had an interest in it.
A I think that probably is correct.
Q And as you sit here today, because of the number
of years that have gone by, in fact you don’t have your
tax returns anymore, you can’t specifically tell us for
sure when that happened in relation to this sale; is
that right?
A Not sitting here today, I can’t.
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