- 26 -                                         
          that, under section 1015, petitioner wife had no basis in the               
          lot.                                                                        
               Petitioners argue that under section 301, a distribution to            
          LoChirco was taxable to him at the lot's fair market value.                 
          Revenue Agent Rizzardi used $10,000 as LoChirco's basis for the             
          lot, and concluded that LoChirco realized a constructive dividend           
          because Oliver Homes built petitioners' home on the lot.                    
          Petitioners contend that petitioner wife's basis in the lot was             
          the amount Oliver Homes paid for it, namely $19,500, or, in the             
          alternative, the amount accepted by Agent Rizzardi in his audit             
          of the LoChircos, $10,000.  Petitioners argue that their gain on            
          the sale of their home should be reduced accordingly.                       
               Petitioners have not proven that LoChirco realized a                   
          constructive dividend when Oliver Homes distributed the lot to              
          him.  See Loftin & Woodard, Inc. v. United States, 577 F.2d 1206,           
          1242 (5th Cir. 1978); Goldstein v. Commissioner, 298 F.2d 562,              
          566 (9th Cir. 1962), affg. T.C. Memo. 1960-276; Melvin v.                   
          Commissioner, 88 T.C. 63, 79-80 (1987), affd. per curiam 894 F.2d           
          1072 (9th Cir. 1990).  Also, petitioners have not established the           
          fair market value of the lot when Oliver Homes distributed it to            
          LoChirco.  Sec. 301(b).  We hold that petitioner wife's basis in            
          the lot was zero.                                                           
          4.   Capital or Ordinary Income and Loss                                    
               Petitioners argue that the character of the gains and losses           
          from petitioner husband's sale of real estate in the years at               
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