Melvin R. Sweatman - Page 2

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          Unless otherwise noted, all section references are to the                   
          Internal Revenue Code in effect for the year in issue, and all              
          Rule references are to the Tax Court Rules of Practice and                  
          Procedure.                                                                  
               We must decide the following issues:                                   
               (1) Whether the transfer of Las Colinas Ranch from Paz Gas             
          Corporation to petitioner, the controlling shareholder, was a               
          sale or a dividend.  We hold that the transfer was a dividend.              
               (2) Whether petitioner is liable for the accuracy-related              
          penalty as determined by respondent.  We hold that petitioner is            
          so liable.                                                                  
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.  We           
          incorporate by this reference the stipulation of facts,                     
          supplemental stipulation of facts, and attached exhibits.  At the           
          time of filing the petition, petitioner resided in Cuero, Texas.            
          Background                                                                  
               Petitioner's formal education consisted of secondary school            
          through approximately ninth grade and 2� years of college.  After           
          college, he took a job with Houston Natural Gas, and about 16               
          years later became president of Houston Pipeline Company.                   
          Following this, in 1989 or 1990, he took a position as president            
          and chief operating officer of Tejas Gas Corporation.  Petitioner           
          formed Paz Gas Corporation (Paz) in 1988, and he was the sole               
          shareholder.                                                                




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