Robert S. McDaniel, Jr. and W. Jane McDaniel - Page 31




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          note were materially altered, "and the payment [under that note]            
          was changed from a balloon payment to a payment of interest                 
          only."  We conclude that petitioners have failed in their attempt           
          to distinguish Weiss v. Commissioner, supra, from the present               
          case.6                                                                      
               On the record before us, we find that petitioners have                 
          failed to carry their burden of showing that Mr. McDaniel was               
          discharged in 1993 from his guaranty of the Second Street loan              
          under section 620.735(2).                                                   
               In contrast to the course of dealings between Mr. Palermo              
          and NationsBank/Amresco during 1993, their course of dealings               
          during 1994 supports respondent's position that Mr. McDaniel was            
          released in 1994 from his guaranty of the Second Street loan.               
          The Bank notified Mr. Palermo in the April 21, 1994 letter that             
          the 1989 note was in default.  Mr. McDaniel wrote to NationsBank            
          on April 26, 1994, in order to request on behalf of Second Street           
          that the Bank forbear from taking any action with respect to that           
          default until June 15, 1994.  Mr. Palermo was able to obtain                

               6  Even if petitioners had established the distinction that            
          they allege between the instant case and Weiss v. Commissioner,             
          956 F.2d 242 (11th Cir. 1992), vacating and remanding T.C. Memo.            
          1990-492, we would find any such distinction to be irrelevant to            
          our determination of whether it could be inferred from the course           
          of dealings during 1993 between Mr. Palermo and NationsBank/                
          Amresco that Mr. McDaniel was discharged in that year from his              
          guaranty of the 1989 note.                                                  







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