Melvin R. Sweatman - Page 6

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               In August 1991, petitioner sold the Ranch for $200,000,                
          taking a promissory note for $150,000 and the remainder in cash.1           
          In October 1992, petitioner assigned this promissory note to a              
          bank for $167,342.82 cash.                                                  
          The Note                                                                    
               In May 1992, Youngs was preparing petitioner's 1991 tax                
          return.  When attempting to calculate petitioner's gain or loss             
          on the sale of the Ranch, she realized there was no note with               
          respect to the transfer of the Ranch.  She raised this point with           
          Eagleson, who said he would prepare a note.  In May 1992,                   
          Eagleson prepared a promissory note (the Note) with respect to              
          the transfer, and in June 1992, petitioner executed it.                     
               The date appearing in the top right corner of the Note                 
          executed in June of 1992 was July 2, 1990, which was the date of            
          the transfer of the Ranch.  The Note listed the Ranch as                    
          security, stating that "payment of this note is secured by that             
          tract of land [i.e., the Ranch] * * * more fully described in the           
          Deed executed on this date, July 2, 1990."  There was no date               
          next to petitioner's signature at the end of the Note.  The Note            
          called for annual payments beginning July 2, 1992.                          
          The Audit                                                                   
               Guerra next became significantly involved with the details             
          of the transfer of the Ranch in July 1993, when an audit of Paz             


               1 Settlement expenses were $13,873.70 and taxes were                   
          $1,568.32, so petitioner received net cash of $34,557.98.                   




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