Datha D. Burke - Page 5

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            (North Main property).  The stock consisted of Mr. Burke's                                   
            holdings in Maize State Bank (Maize Bank) and University State                               
            Bank of Wichita (University Bank).  (We refer collectively to the                            
            stock of Maize Bank and the stock of University Bank as the                                  
            Bank Stock.)  Mr. Burke had financed the purchase of some of the                             
            Bank Stock through BEC.                                                                      
                  On June 20, 1982, petitioners executed two contracts to                                
            exchange the property for the Bank Stock.  One contract provided                             
            that Mrs. Burke sold the North Main property to Mr. Burke for                                
            $250,000, consisting of 29,341 shares of Maize Bank and his                                  
            assumption of a $5,294 debt owed by her.  The second contract                                
            provided that Mrs. Burke sold the Walnut property to Mr. Burke                               
            for $675,000, consisting of 20,000 shares of Maize Bank, 23,500                              
            shares of University Bank, and his assumption of a $150,638 debt                             
            owed by her.  Mrs. Burke deeded the properties to Mr. Burke on                               
            June 25, 1982, and Mr. Burke assumed the liabilities set forth in                            
            the contracts.  Mr. Burke never transferred the Bank Stock to                                
            Mrs. Burke.                                                                                  
                  On June 25, 1982, Mrs. Burke's basis in the North Main                                 
            property was $8,850, and the property was worth $250,000.                                    
            Mrs. Burke's basis in the Walnut property was $72,426, and the                               
            property was worth $262,000.2  Mr. Burke's basis in his Maize                                

            2 The parties dispute the admissibility of Exhibit 5, an                                     
            appraisal report proffered by petitioners to establish the fair                              
            market value of the Walnut property.  We hold that the exhibit is                            
                                                                           (continued...)                




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