Helen E. Foy - Page 3

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          supplemental response.  On February 7, 2005, we received and                
          filed petitioner’s motion for leave to file supplemental                    
          declaration supporting petitioner’s motion for litigation and               
          administrative costs out of time, which we granted.  On February            
          9, 2005, we filed petitioner’s supplemental declaration.                    
               Neither party requested a hearing, and, after reviewing the            
          relevant documents, we have concluded that a hearing on                     
          petitioner’s motion is not necessary.  In disposing of                      
          petitioner’s motion, we rely on the parties’ filings and attached           
          exhibits.                                                                   
                                     Background                                       
               Petitioner and her husband, Donald Foy, invested in                    
          Shorthorn Genetic Engineering 1984-3 (SGE 1984-3), Durham                   
          Shorthorn Genetic Breeding Syndicate 1987-4 (DSBS 1987-4), and              
          Timeshare Breeding Services JV (TBS JV), three of the many                  
          livestock breeding partnerships (Hoyt partnerships) formed and              
          promoted by Walter J. Hoyt III (Mr. Hoyt) and/or related                    
          companies (Hoyt organization).3  Petitioner and Mr. Foy acquired            

               3Walter J. Hoyt III also organized, promoted, operated, and            
          served as the general partner of more than 100 livestock breeding           
          limited partnerships from 1971 through 1998.  See, e.g., River              
          City Ranches #1, Ltd. v. Commissioner, T.C. Memo. 2003-150, affd.           
          in part, revd. in part and remanded 401 F.3d 1136 (9th Cir.                 
          2005).  In general, the Hoyt partnerships purchased cattle from             
          related Hoyt entities for no money down and a promissory note.              
          See, e.g., Durham Farms #1, J.V. v. Commissioner, T.C. Memo.                
          2000-159, affd. 59 Fed. Appx. 952 (9th Cir. 2003); Shorthorn                
          Genetic Engg. 1982-2, Ltd. v. Commissioner, T.C. Memo. 1996-515.            
                                                             (continued...)           




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