Rhett Rance Smith and Alice Avila Smith, et al. - Page 61




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          the time of trial would be worth $80,000.8  Zane was particular             
          about breeding his dogs, and he would breed his dogs only with              
          high-quality dogs.                                                          
               At the time of trial, Zane was selling Terrier puppies for             
          amounts ranging from $1,500 to $2,000.  No information was                  
          provided, however, as to the selling price for puppies during the           
          years at issue.  Zane believed that one of his dogs was worth               
          $50,000, although no evidence, other than his testimony, was                
          offered to support his belief.                                              
               1.  Manner in Which the Activity Is Conducted--Zane did not            
          maintain a separate bank account for his dog activities, and no             
          other records of this activity were produced.  For example, there           
          were no records showing:  Purchase of dogs; financial analysis of           
          their potential for profitability; formal business plan, budgets,           
          operating statements, and analyses of cost control.  Zane did not           
          calculate the amount of income he would need to recover the                 
          losses incurred, and he did not predict when the activity might             
          become profitable.  He did, however, invest a substantial amount            
          in the training and showing of Terriers worldwide in order to               
          document their quality.                                                     



               8 Because multiple straws are needed for an insemination,              
          the number of possible inseminations would be reduced by some               
          mathematical factor.  One report in the record indicated that               
          approximately 7.9 straws was the factor.  If that were correct,             
          80 straws would result in approximately 10 inseminations for                
          total revenue of approximately $20,000.                                     





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