Tim H. Cusick - Page 4

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          supermarket.  Petitioner and Pugh collected rent for 310 Oak                
          Street, but the supermarket had its own repair people who                   
          provided maintenance for the building.                                      
               Petitioner and the Pughs contributed equally to the purchase           
          price of 310 Oak Street.  In addition, petitioner and the Pughs             
          orally agreed to share the profits and losses from 310 Oak Street           
          equally.                                                                    
               In November 1992, petitioner and the Pughs sold 310 Oak                
          Street for $875,000 under an installment contract.  The proceeds            
          received in 1992 from the sale of 310 Oak Street were split                 
          equally between petitioner and the Pughs.                                   
               In order to keep their ownership interests equal, petitioner           
          and the Pughs split proceeds from the Oak Street properties                 
          equally and attempted to share expenses as equally as possible.             
          This was accomplished through an informal system where petitioner           
          and the Pughs mentally recorded who paid for which expenses.                
          This system generally kept the shared expenses equal.                       
               All funds relating to the Oak Street properties were kept in           
          separate property management bank accounts (the accounts).  All             
          income from the Oak Street properties was deposited in the                  
          accounts, and all expenses were paid from the accounts.                     



               3(...continued)                                                        
          Street are referred to jointly as the Oak Street properties.                




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