Jerome J. and Beatrice A. Mack - Page 18

                                        -  -18                                           
          gain should be recognized in 1987.  Respondent contends that the            
          purchase agreement was correctly dated December 28, 1986, that              
          the purchase agreement was not an effective conveyance of                   
          petitioner's interest in the Third Street property, and that the            
          requirements under the statute of frauds were not satisfied by              
          the purchase agreement so as to permit that agreement to                    
          constitute a valid transfer of the property.  Respondent                    
          maintains that the quitclaim deed dated December 1987 conveyed              
          the Third Street property from petitioner to the law partnership,           
          and at that time petitioner realized income from the sale of the            
          property when his indebtedness on the property was discharged by            
          the law partnership.                                                        
               We conclude, as we have set forth in our findings, that the            
          purchase agreement was executed on December 10, 1985.  We accept            
          the testimony of petitioner and Mr. Moosbrugger that the purchase           
          agreement between petitioner and the law partnership was                    
          erroneously dated December 10, 1986, rather than the proper date,           
          December 10, 1985.  Mr. Moosbrugger testified that he was certain           
          the correct date of the purchase agreement was December 10, 1985,           
          and not December 10, 1986.  Also, the language of the purchase              
          agreement makes it clear that the correct date is sometime before           
          January 1986.  For instance, the purchase agreement states "From            
          January 1, 1986 through December 31, 1986, Seller shall be paid".           
          The purchase agreement further states: "During the year 1986                






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