Charles F. Urbauer - Page 3

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               On September 4, 1990, petitioner and his ex-wife sold the              
          marital home for $280,000.  In contemplation of the sale, they              
          entered into a "Stipulation to Amend Judgment of Divorce                    
          Regarding Tax Payment".  This stipulation provides in relevant              
          part:                                                                       
               1. That the sale of the marital home did not produce                   
               sufficient monies to pay the tax liabilities or                        
               potential tax liabilities set forth in the judgement                   
               [sic].                                                                 
                           *    *    *    *    *    *    *                            
               3. That item Fifth on page 6 is reduced to an escrow                   
               fund of $54,000--the anticipated capital gains taxes on                
               the sale of the residence.                                             
               4. That the net proceeds of the sale of the property--                 
               $14,551.91 shall be divided between the parties as                     
               follows:                                                               
                         Kim U. Urbauer      $10,913.94                               
                         Charles F. Urbauer    3,637.98                               
          The division of the $14,551.91 between Kim and petitioner was on            
          a 75/25 basis.  The stipulation was signed by both parties and              
          dated September 4, 1990.  However, the $54,000 in the escrow fund           
          was not used to pay the income tax on the capital gain of the               
          marital home.                                                               
               On January 12, 1995, the Commissioner issued a notice of               
          deficiency to petitioner which determined that petitioner was               
          liable for 50 percent of the tax on the gain from the sale of the           
          principal residence.  The deficiency notice, which accompanied              







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