Michael H. Johnson and Patricia E. Johnson - Page 19

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               Respondent makes much of the fact that (1) Mr. Johnson                 
          reminded Lancaster city officials to include in written documents           
          the fact that Lancaster was acquiring the 23d Street property               
          under threat of condemnation, and (2) Mr. Johnson was concerned             
          about the tax implications of a move to the Lancaster Auto Mall.            
          Contrary to respondent's contentions, the fact that petitioner              
          may have had tax concerns regarding his sale of the 23d Street              
          property to Lancaster while under threat of condemnation does not           
          lead us to conclude that the deal struck between Lancaster and              
          Mr. Johnson was structured or collusive.  See Balistrieri v.                
          Commissioner, T.C. Memo. 1979-115.                                          
               We conclude that petitioners had reasonable grounds to                 
          believe, and did believe, that Lancaster authorized the threats             
          of condemnation and was likely to carry them out unless a sale or           
          exchange was arranged.                                                      
               4.   Conclusion                                                        
               The witnesses consistently and credibly testified that                 
          Lancaster city officials threatened Mr. Johnson with condemnation           
          of the 23d Street property and that Mr. Johnson believed, and had           
          reason to believe, these threats.                                           
               Based on the record, we conclude that a "threat of                     
          condemnation" existed, and petitioners sold the 23d Street                  
          property because of repeated threats of condemnation from a                 
          number of Lancaster city officials.                                         





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