Alton W. Burns and Pamela Burns - Page 7

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            petitioners reported the gain from this sale under the                                       
            installment method.  Petitioners did not introduce into evidence                             
            a copy of their 1977 Federal income tax return.                                              
                  In 1979, the Reeds sold their interest in Arizona Marine to                            
            Mr. and Mrs. Lee Lieberman.  Petitioners agreed to the release of                            
            the Reeds from their obligations, and the substitution of the                                
            Liebermans.  The Liebermans executed a promissory note dated                                 
            October 1, 1979, in the amount of $117,464.48, payable to                                    
            petitioners.  The Liebermans also granted petitioners a security                             
            interest in certain inventory and equipment of Arizona Marine.                               
            The record does not disclose how petitioners treated this                                    
            transaction on their 1979 Federal income tax return.                                         
                  In 1980, the Liebermans defaulted under the promissory note                            
            and petitioners filed an action for injunction and forcible entry                            
            and detainer against Arizona Marine in the Superior Court of the                             
            State of Arizona, Maricopa County.  At the time of default, the                              
            balance due on the promissory note was $112,334.25.  The action                              
            was settled under the terms of a settlement agreement and an                                 
            agreement relating to petitioners' lessor's lien and security                                
            interest in certain Arizona Marine property.  The settlement                                 
            agreement, entered into on May 9, 1980, provides:                                            
                        3.    [Arizona Marine] agrees to, contemporaneously                              
                  with the surrender of the premises to Burns, also                                      
                  surrender to Burns the following:                                                      
                              (a) All of its inventory which consists of                                 
                        goods, merchandise and other personal property                                   
                        owned by [Arizona Marine] in connection with its                                 




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