Robert J. and Anne L. Wilson - Page 4

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          conceded that petitioners had a $29,214 basis in the stock and               
          therefore are entitled to a $2,0092 loss in 1989 on the sale of              
          the stock fund.                                                              
                                       OPINION                                         
          I. Allocation of Condemnation Award Between Gain From the Sale of            
          Property and Interest Income                                                 
               In their Rule 155 computations for 1989, neither respondent             
          nor petitioner made a correct allocation of the condemnation                 
          award between gain from the sale of property and ordinary                    
          interest income.  To comply with our holding in Wilson I, for                
          1989 petitioners' $62,937 condemnation award must be decreased,              
          not only by the $1,333 attributable to postjudgment interest, but            
          also by the $34,618, representing prejudgment interest.                      
          Simultaneously, petitioners' interest income must be increased by            
          that amount.  Accordingly, we find that in 1989, petitioners                 
          received a condemnation award of $26,986, which is characterized             
          as capital gain, and interest income of $35,951, representing                
          $34,618 in prejudgment interest and $1,333 in postjudgment                   
          interest, which is characterized as ordinary income.                         
          II. Itemized Deduction for Attorney Fees                                     
               Respondent's Rule 155 computation fails to take into account            
          the fact that petitioners incurred $26,341 in attorney's fees for            
          1989 in connection with the condemnation proceedings on their                


          2    On brief, respondent concedes a $2,008.81 actual loss on the            
          sale of the stock, which we rounded up to $2,009.                            




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