Terry Duane Beall and Joyce Engel Beall - Page 13

                                       - 13 -                                         

               Intention of Remaining                                                 
               Petitioners expressed their intention regarding 20 The                 
          Point.  In June 1988, they told McKenzie of their intention to              
          "live at 20 The Point more or less indefinitely."  At trial,                
          Terry stated that on the day of the Corporation's liquidation,              
          petitioners' intention was to live at 20 The Point for the                  
          future.  Petitioners preferred to be in the San Diego area as               
          opposed to the Riverside area.  The San Diego area's climate was            
          smog free and cooler than the Riverside area's climate, which was           
          smoggy and hot.                                                             
               Respondent argues that petitioners always intended to                  
          purchase 15 Sandpiper, even before their acquisition of 20 The              
          Point on August 31, 1988.  We disagree.  We find that on August             
          31, 1988, the date of acquisition of 20 The Point, through the              
          Corporation's liquidation, petitioners intended to remain in                
          Coronado at 20 The Point.  This intent changed when 15 Sandpiper            
          became available on September 26, 1988.  At that time,                      
          petitioners began to negotiate for the purchase of 15 Sandpiper,            
          listed 20 The Point for sale, and eventually on November 21,                
          1988, purchased 15 Sandpiper.                                               
               Respondent also argues that petitioners never intended to              
          make 20 The Point or 15 Sandpiper their principal residence                 
          because they purchased 3 Green Turtle.  We disagree.  Respondent            
          relies on a letter by McKenzie, which states that Terry "decided            

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