James P. De Ocampo and Marla L. De Ocampo - Page 5

                                         -5-                                          
          parents would cause the entire mortgage to become due.  Petitioners         
          did not consult with an attorney with regard to any of the                  
          aforementioned transactions.  On November 5, 1993, Home Savings             
          informed petitioners that it had changed the name on the loan from          
          Mr. De Ocampo's parents to petitioners.                                     
               Petitioners informed their tax return preparer that they did           
          not hold title to the Montclair property.  On Form 2119 (Sale of            
          Your Home) attached to their 1989 return, petitioners reported the          
          sale of the Curtis property; the selling price was shown to be              
          $215,000, and expenses of sale as $477.  Petitioners' basis in the          
          property was shown as $65,736.  Petitioners deferred recognition of         
          the gain ($148,787) pursuant to section 1034.                               
                                       OPINION                                        
          Issue 1.  Sale of Residence                                                 
               Section 1034(a) permits deferral of gain on the sale of a              
          taxpayer's principal residence (old residence) if other property is         
          purchased and used by the taxpayer as a new principal residence             
          within a period beginning 2 years before the date of the sale and           
          ending 2 years after such date.  Gain is recognized only to the             
          extent that the taxpayer's adjusted sales price of the old                  
          principal residence exceeds the  cost of purchasing the new                 
          residence.  Id.                                                             
               Petitioners contend that they purchased the Montclair property         
          using Mr. De Ocampo's parents as agents, thus satisfying the                
          requirement of section 1034 that the taxpayer purchased a new               




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