Leo and Alla Goldberg - Page 44

                                        -44-                                          
          Fair market value of properties              $1,075,000.00                  
          Less:                                                                       
               Basis in notes                          130,000.00                     
               Mortgages assumed:                                                     
                    Martis Landing                     135,990.00                     
                    Saddle Rock                                                       
                         Hawthorne loan                464,300.37                     
                         Topa loan                       1203,610.12                  
               Delinquent taxes paid:                                                 
                    Martis Landing                     4,191.02                       
                    Saddle Rock                        8,203.72                       
               Mortgage payments:                                                     
                    Martis Landing                     2,547.38                       
                    Saddle Rock                                                       
                         Topa loan                     28,529.53                      
                         Mission Viejo National Bank   20,000.00                      
               Martis Landing selling expenses         13,958.00                      
               Gain reported on sale of Martis Landing     10,312.00                  
                                                  2$   53,357.86                      
                    1Respondent's initial calculation used $184,794.94                
               as the amount of the Topa loan.  The parties have                      
               stipulated that the amount of the loan is $203,610.12.                 
                    2 Respondent has conceded the difference between                  
               the $74,321 she determined in the notice of deficiency                 
               and the $72,173.04, as she calculated using $184,794.94                
               as the amount of the Topa loan.  We adjust the                         
               concession to reflect the stipulated amount of the Topa                
               loan set out above.                                                    
               Petitioners' contention regarding respondent's calculation             
          is that respondent has not proven the fair market values of the             
          properties.  Respondent bases the value of the properties on                
          subsequent sales contracts.  On October 29, 1991, Martis Landing            
          was sold for $225,000.  On January 1, 1992, petitioners signed an           
          agreement to sell Saddle Rock for $850,000.  Petitioners have not           
          claimed that these sales were anything other than arm's length              
          nor have they provided any evidence that the fair market values             
          of the properties on June 19, 1991, were substantially different            






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