Henry P. and Darlene C. Brantley - Page 4

                                                  -4-                                                   
            false; at the time petitioner acquired the stock, Elite had a                               
            negative net worth and its plant was in poor physical condition.                            
                  On April 2, 1990, H. Enterprises, Mr. Hargis, Elite, and                              
            petitioner entered into an agreement pursuant to which, among other                         
            matters, petitioner purchased an additional 2 percent of Elite                              
            stock from H. Enterprises.   As part of the agreement, Elite                                
            forgave all debts owed it by H. Enterprises, Mr. Hargis, and                                
            petitioner, including petitioner's $228,000 note to Elite.                                  
                  Subsequently, on April 19, 1990, Elite redeemed all of its                            
            stock owned by H. Enterprises.  As a result of this redemption,                             
            petitioner owned 100 percent of Elite stock.                                                
                  Furthermore, on April 19, 1990: (1) H. Enterprises and Mr.                            
            Hargis sold to Elite their interest in patents, trademarks,                                 
            servicemarks, logos, trade names, formulas, and paint formulations;                         
            and (2) Mr. Hargis entered into a noncompetition agreement with                             
            Elite.                                                                                      
            Administrative Proceeding                                                                   
                  The examination of petitioners' 1990 Federal income tax return                        
            began as an offshoot of an audit of H. Enterprises and Elite.  The                          
            revenue agent questioned whether petitioners should have reported                           
            the cancellation of the $228,000 debt as income on their 1990                               
            return.1                                                                                    

            1           Gross income includes income from the discharge of                              
            indebtedness.  Sec. 61(a)(12).  A taxpayer may realize discharge                            
            of indebtedness income by paying an obligation at less than its                             
                                                                          (continued...)                




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