Philip D. and Eleanor G. Winn - Page 3

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          taxed as an S corporation.  Effective January 1, 1992, PDW&A                
          revoked its S corporation election.                                         
               PDW&A was a partner in Parker Properties Joint Venture                 
          (Parker).  Parker realized $4,154,891 in discharge of                       
          indebtedness income in 1991.  PDW&A's distributive share of                 
          Parker's discharge of indebtedness income in 1991 was $2,021,296.           
          At the time that Parker realized the discharge of indebtedness              
          income, PDW&A was insolvent to the extent of $2,181,748.                    
               Winn increased his basis in his PDW&A stock by the amount of           
          his pro rata share ($1,010,648) of the discharge of indebtedness            
          income.  Winn did not claim a loss on the Winns' 1991 Federal               
          income tax return because Winn believed that the passive activity           
          loss limitations prevented him from doing so.  On the Winns' 1992           
          Federal income tax return, Winn claimed losses from PDW&A that              
          were carried over from 1991 totaling $1,010,648.                            
               Gitlitz increased his basis in his PDW&A stock by the amount           
          of his pro rata share ($1,010,648) of the discharge of                      
          indebtedness income.  Gitlitz claimed losses from PDW&A totaling            
          $1,010,648 on the Gitlitzes' 1991 Federal income tax return.                
          Absent the basis increase, the deductibility of these losses                
          would have been suspended under section 1366(d), I.R.C.                     
               Respondent disallowed the losses claimed by Winn and Gitlitz           
          on the premise Winn and Gitlitz lacked sufficient basis in their            
          PDW&A stock.                                                                






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