Thomas Louis Mitchell - Page 12

                                       - 12 -                                         

                                                % of P's                            
                                                 Interest                             
          Name                       Basis       Foreclosed On  Loss                  


          Dime Box No. II            $1,056.32   100%           $1,056.32             
          Dime Box No. III (Pet.)    3,730.90    93.75          3,497.72              
          Dime Box No. III (M & A)   873.26    50               436.63                
          CAG Farmout                2,797.60    75             2,098.20              
          66 Farmout (Pet.)          873.68    100              873.68                
          66 Farmout (M & A)         581.79    100              581.79                


          Character of Loss                                                           
               Finally, we must decide the character of the loss.  Gain or            
          loss on the sale or exchange of a partnership interest is capital           
          gain, except in certain circumstances involving unrealized                  
          receivables and inventory.  Secs. 741, 751.  Respondent concedes            
          that the foreclosure of each partnership interest was a sale or             
          exchange under which loss was realized and hence recognized.                


               6(...continued)                                                        
          interest held in the name of M & A Interest, and the Dime Box No.           
          III interest held in the name of M & A Interest.  According to              
          the Schedules K-1, petitioner owned the same percentage of each             
          of these three partnerships at the end of 1987 as he did at the             
          beginning, which suggests that no foreclosures occurred with                
          respect to these partnership interests during the year.  However,           
          the parties agree, and we have found, that foreclosures occurred            
          during 1987 with respect to these interests.  The Schedules K-1             
          are, in this respect, inconsistent.  The Schedules K-1                      
          notwithstanding, respondent clearly concedes, and we have found,            
          that petitioner suffered losses premised on the foreclosure of              
          the following:  His entire interest in 66 Farmout held in his               
          name, his entire interest in 66 Farmout held in the name of M & A           
          Interest, and half of his interest in Dime Box No. III held in              
          the name of M & A Interest.                                                 


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