Henry P. and Darlene C. Brantley - Page 8

                                                  -8-                                                   
            Judicial Proceeding                                                                         
                  Petitioners filed a petition in this Court on June 14, 1994.4                         
            Their petition reiterated the arguments enunciated during the                               
            administrative proceeding.                                                                  
                  On June 22, 1994, an attorney in respondent's Richmond,                               
            Virginia, office was assigned this case.  Respondent's answer,                              
            filed on July 22, 1994, denied petitioners' allegations for lack of                         
            sufficient information.                                                                     
                  On February 1, 1995, respondent's counsel sent a letter to                            
            petitioners' counsel summarizing respondent's position that (1)                             
            section 108(a)(1)(B) is not applicable because petitioner was not                           
            insolvent in April 1990, and (2) the debt forgiveness does not                              
            qualify as a section 108(e)(5) purchase price adjustment.  In the                           
            letter, respondent's  counsel  asked  that  the  parties  begin                             
            stipulating facts, and stated that the documents provided by                                
            petitioners "present a confusing picture"  with  regard  to                                 
            petitioner's acquisition of Elite stock.                                                    
                  Petitioners' claim of insolvency at the time the stock was                            
            transferred was based on a financial statement petitioners prepared                         
            as of April 1990.  That statement reflects a negative net worth of                          
            $229,700.  However, respondent's counsel did not agree with certain                         
            aspects of the financial statement: (1) Petitioner's Elite stock is                         
            valued at only $100, while the full amount of his $228,000 note to                          

            4           The petition was timely mailed on June 9, 1994.  Sec.                           
            7502(a).                                                                                    




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