River City Ranches #1 Ltd., Leon Shepard, Tax Matters Partner - Page 31

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          deficient record-keeping practices continued for both the cattle            
          and sheep partnerships through 1998, when all the investor                  
          partnerships were consolidated for bankruptcy purposes.  For the            
          years at issue, often no records were kept at all.                          
               As the general partner managing each sheep partnership, Jay            
          Hoyt was responsible for and directed the preparation of the tax            
          returns of each partnership, and he typically signed and filed              
          each tax return.  However, separate bookkeeping and accounting              
          records for each of the sheep partnerships were never maintained.           
               Nor did Jay Hoyt maintain separate bank accounts for each of           
          the sheep partnerships.  From 1981 until sometime in 1990, checks           
          from the sheep partners were received at the Hoyt office in Elk             
          Grove, California, and deposited in one checking account.  The              
          account was in the name of River City Ranches (RCR account) and             
          maintained at the Bank of Alex Brown located in Elk Grove,                  
          California.7                                                                
               Sometime in 1990, Jay Hoyt discontinued using the RCR                  
          account.  He implemented a new business practice of commingling             
          all Hoyt organization funds in one checking account referred to             
          as the pooling account.  This account was in the name of W.J.               
          Hoyt Sons Ranches MLP (MLP) and maintained at the First                     
          Interstate Bank in Elk Grove, California.  The funds in the                 


               7  The Bank of Alex Brown became the First Interstate Bank             
          in 1989.                                                                    





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