James P. De Ocampo and Marla L. De Ocampo - Page 2

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          defer recognition of gain from the sale of their former principal           
          residence under section 1034(a) when title to their new residence           
          was acquired by the parents of petitioner James De Ocampo, and (2)          
          whether petitioners are liable for an accuracy-related penalty              
          under section 6662(a).                                                      
               All section references are to the Internal Revenue Code for            
          the year under consideration.  All Rule references are to the Tax           
          Court Rules of Practice and Procedure.                                      
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.  The          
          stipulation of facts and the attached exhibits are incorporated             
          herein by this reference.                                                   
               Petitioners, husband and wife, resided in Livermore,                   
          California, at the time they filed their petition.  They filed a            
          joint Federal income tax return for 1989, the year under                    
          consideration.  The return shows Mr. De Ocampo's occupation as a            
          lithographer, and Mrs. De Ocampo as self-employed, having a                 
          printing business.  Their total combined income for 1989 was                
          $26,780.                                                                    
               On October 14, 1989, petitioners signed a deposit-receipt and          
          purchase contract for the purchase of their current residence at            
          1007 Montclair Court in Livermore (Montclair property) for                  
          $300,000.  At the time, petitioners resided at 5017 Curtis Street           
          in Freemont, California (Curtis property). After they signed the            
          contract, petitioners encountered credit and financial problems in          




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