Salaheddin Ahmad Ahmad - Page 4

                                         -4-                                          
          Street, Calhoun, Georgia.  Petitioner made deposits in his                  
          checking and savings accounts totaling $24,300 in 1991, $90,120             
          in 1992, and $126,141 in 1993.                                              
               Petitioner married Tonia Judd (Tonia) in April 1991, and               
          they were divorced on December 5, 1991.3  During the divorce                
          proceedings, petitioner withdrew $11,000 from his bank accounts,            
          including the proceeds of three certificates of deposit.4  He               
          transferred $6,000 to a cousin and $5,000 to a friend, because of           
          his fear that his wife "might get some of the money."  Later that           
          year, after the divorce papers were signed, the transferees                 
          returned the money, plus interest, by check, and petitioner                 
          redeposited the funds in his checking account.                              
              Petitioner became a resident alien in 1991.  Prior to that             
          time, petitioner's immigration status did not permit him                    
          employment.  The terms of the visa notwithstanding, petitioner              


          3                                                                           
               The stipulated date of the divorce is Dec. 5, 1990; however,           
          the date on the divorce decree entered into evidence is Dec. 5,             
          1991.  While stipulations are not set aside lightly, we have                
          broad discretion in determining whether to hold a party to a                
          stipulation.  Blohm v. Commissioner, 994 F.2d 1542, 1553 (11th              
          Cir. 1993), affg. T.C. Memo. 1991-636.  The evidence in the                 
          record demonstrates the stipulated date is simply incorrect.  We            
          are not bound by stipulations of fact that appear contrary to the           
          facts disclosed by the record. Rule 91(e); Blohm v. Commissioner,           
          supra (citing Mead's Bakery, Inc. v. Commissioner, 364 F.2d 101,            
          106 (5th Cir. 1966), revg. T.C. Memo. 1964-104).  We, therefore,            
          find as fact that the date of petitioner's divorce is Dec. 5,               
          1991.                                                                       
          4    On Mar. 11, 1991, three 6-month certificates of deposit that           
          petitioner owned in the total amount of $4,000 matured, and                 
          petitioner received $146 of interest.                                       




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