Phillip Moreno - Page 4

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          documents surrounding the purchase of the Tamarac Property                  
          because petitioner was "on disability" and unable to secure a               
          mortgage in his own name.  Petitioner further alleged that                  
          Rueben Moreno used petitioner's money as the downpayment on the             
          Tamarac Property, and that he and Rueben Moreno intended for                
          petitioner to own the Tamarac Property.                                     
               The Court served petitioner on September 20, 1996, with a              
          notice setting this case for trial at the trial session beginning           
          on February 24, 1997, in San Diego, California.  On February 24,            
          1997, petitioner's case was called for trial.  Petitioner failed            
          to appear either in person or by representative.  Respondent's              
          counsel appeared and submitted this case to the Court fully                 
          stipulated.  At this time she informed the Court that a                     
          representative of petitioner had notified her that petitioner               
          wanted to submit his case to the Court under Rule 122.                      
               By Order dated February 24, 1997, we directed the parties to           
          file with the Court on or before March 26, 1997, memoranda of               
          points and authorities.  Respondent filed her memorandum of                 
          authorities with the Court on March 7, 1997.  Petitioner did not            
          filed a memorandum of points and authorities with the Court.                
               Section 1034(a) allows an individual to defer the                      
          recognition of all or part of any gain realized on the sale of a            
          principal residence if other property is purchased and used by              
          the taxpayer as a new principal residence within the period                 

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