Maurice E. Hodgkins and Barbara J. Hodgkins - Page 17

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          they forgave a $23,000 debt, which John owed them, but presented            
          no trustworthy evidence of this indebtedness.  We do not believe            
          that petitioners paid the commission, and we therefore disallow             
          the inclusion of this amount in petitioners' Crow Canyon basis.             
          c.  Lost Escrow Deposit                                                     
               While respondent included in the basis of Crow Canyon $5,000           
          of earnest money, which was deposited in escrow and then used to            
          purchase the property on December 18, 1986, petitioners assert              
          that they are entitled to an additional $5,000.  Petitioners                
          contend that they fumbled an earlier attempt to purchase Crow               
          Canyon and, consequently, on that deal they lost their $5,000 of            
          earnest money, also held in escrow.  They now seek to add this              
          allegedly lost escrow deposit to their basis in Crow Canyon.                
               While we believe that petitioners previously deposited                 
          $5,000 into escrow and that this deposit was earnest money for an           
          earlier agreement, we are unpersuaded that petitioners lost the             
          money.  There is no document in evidence that describes the final           
          disposition of the escrow account.  The documents submitted                 
          merely evidence an ongoing negotiation--signed by one party or              












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