Jerome J. and Beatrice A. Mack - Page 22

                                        -  -22                                           
               We find that, under North Dakota law, petitioner effectively           
          transferred his interest in the Third Street property in December           
          1985.  The requirements for a valid transfer were met by the                
          purchase agreement, including capable parties, consent to the               
          transaction, a lawful object, and adequate consideration.  We               
          find that the purchase agreement evidenced an intent of a present           
          transfer of petitioner's interest in the partnership property               
          including the Third Street property from petitioner to the three            
          other partners of the law partnership.  We reject respondent's              
          argument that the statute of frauds was violated, since the                 
          purchase agreement met the statute's requirements under North               
          Dakota law.2  Therefore, petitioner did not have income from the            
          sale of the Third Street property in 1987.  However, petitioner             
          is not entitled to deduct the loss of $2,490 he claimed on the              
          Third Street property in computing his income for 1987.                     




          2  Under the North Dakota statute of frauds provision, any                  
          agreement for the sale of real estate must be in writing.  N.D.             
          Cent. Code sec. 9-06-04 (1993).  Further, the instrument must be            
          subscribed by the party disposing of the property.  N.D. Cent.              
          Code sec. 9-06-04 (1993).  The instrument must also indicate the            
          seller, the buyer, the price, and the time of payment, and                  
          contain an adequate description of the property.  Heinzeroth v.             
          Bentz, 116 N.W.2d 611, 615-616 (N.D. 1962); Syrup v. Pitcher, 73            
          N.W.2d 140, 144 (N.D. 1955).                                                
               Based on the purchase agreement, we find that the statute of           
          frauds was satisfied.  See our discussion of a valid contract for           
          deed supra.                                                                 





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