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C. Daya (Laila), and petitioners' younger brother, Mayar Daya
(Mayar). Before moving to the United States, Mahmoud, together
with his identical twin brother, Fuad Daya (Fuad), purchased a
single family residence located at 913 Laguna Circle, Foster City,
California (Foster City residence).
Fuad, who immigrated to the United States in 1953, had
arranged for the purchase of the Foster City residence so that his
brother’s family would have a place to live when they arrived in
the United States. In addition to money contributed by both
Mahmoud and Fuad, the acquisition of the Foster City residence was
financed with a loan secured by a mortgage in Mahmoud and Fuad’s
names from the Bank of America. Title to the Foster City
residence was conveyed by a grant deed executed on April 18, 1983,
and recorded on April 25, 1983, to:
Mahmoud G. Daya, a married man, as his sole and
separate property
Fuad G. Daya, a married man, as his sole and separate
property
The Mahmoud Daya family, including both petitioners, resided
at the Foster City residence from the time of their arrival in the
United States in 1983 through December 31, 1996. By November 21,
1989, Gabriel, Morhaf, Mahmoud, and Laila had all become citizens
of the United States.
Petitioners did not hold legal title to the Foster City
residence at anytime during 1995. On or about March 20, 1996, a
“gift deed” was executed evidencing the transfer of legal title to
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