Eli T. Sleiman, Jr. and Janie L. Sleiman, et al. - Page 10

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          permanent loan's term.  ME's closing costs of the renewal                   
          promissory note included a loan commitment fee in the amount of             
          $5,000.                                                                     
               The parties modified and extended the original mortgage and            
          security agreement to have it serve as security for the renewal             
          promissory note.  Anthony's personal guaranty was also extended             
          to cover the renewal promissory note.                                       
          Stock Basis                                                                 
               The first issue for decision is whether Eli and Peter are              
          entitled to increase their respective bases in the stock of REE             
          and TNE by the principal amounts of the loans from SouthTrust               
          Bank to REE and TNE which they personally guaranteed.                       
               Respondent determined in the statutory notices of deficiency           
          that Peter's and Eli's distributions from TNE and REE exceeded              
          their adjusted bases in the stock of TNE and REE and that they              
          are required to recognize capital gain on the amounts of those              
          excesses.4                                                                  
               Respondent's determinations in the statutory notices of                
          deficiency are presumed to be correct, and petitioners bear the             


          4         As a result of the stipulations of the parties, the               
          amounts of the distributions received by Peter and Eli during               
          1992 are greater than the amounts determined by respondent.  The            
          stipulations provide that Eli received distributions from REE in            
          the amount of $55,400 and Peter received distributions from TNE             
          in the amount of $119,397.42 during 1992.  As stated above, we              
          incorporate such stipulations into our findings of fact and                 
          herein instruct the parties to use such greater amounts of the              
          distributions in their Rule 155 computations.                               




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