Jerry L. Burton - Page 4

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                  The Fluor Daniel retirement plan is and was, at the time of                            
            petitioner's participation, subject to the requirements of the                               
            Employee Retirement Income Security Act of 1974 (ERISA), Pub. L.                             
            93-406, 88 Stat. 829, as amended.  Petitioner had two separate                               
            retirement accounts at Fluor Daniel, the "Retirement Plan" and                               
            the "Savings Investment Plan."  Sometime in March of 1991,                                   
            petitioner asked the plan administrator at Fluor Daniel to                                   
            distribute to him the entire balance of each retirement account.                             
            By letters dated May 7 and May 13, 1991, the plan administrator                              
            acknowledged petitioner's request and reported to him the amounts                            
            to be distributed based on a valuation date of March 31, 1991.                               
            As of that date, the combined value of the Retirement Plan and                               
            the Savings Investment Plan accounts (plan balance) was                                      
            $176,754.88.  Petitioner received this sum sometime at the end of                            
            May 1991 in the form of two checks dated May 24, 1991 and issued                             
            by The Northern Trust Company.  At the time petitioner received                              
            the checks, he was under the age of 59-1/2 and did not attain                                
            that age at any time during 1991.  The record does not disclose                              
            whether petitioner had attained age 55.  See sec. 72(t)(2)(A)(v).                            
                  Petitioner paid off his mortgage debt on 2707 Daybreak Drive                           
            by wire transfer of $126,099.46 from his account at BancOhio                                 
            National Bank (BancOhio) to his mortgage account at Bank One                                 
            Dallas on June 6, 1991.  Furthermore, on or about July 31, 1991,                             

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