Thomas C. Sandoval, Jr. and Bobbie J. Sandoval - Page 17




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          profit and divided the net proceeds equally.  Thus, petitioner              
          and Burnett formed TGR I as a partnership to hold real property             
          for profit.                                                                 
               Real property acquired in the name of the partnership is               
          partnership property.  See Tex. Rev. Civ. Stat. Ann. art. 6132b,            
          sec. 2.05(a)(1) (West 1999).  A copy of the deed for the Babcock            
          Road property is not in the record.  However, it appears from the           
          settlement documents that TGR I bought the Babcock Road property            
          on December 5, 1991, in TGR I’s name.  Petitioners do not dispute           
          this fact.  A City of San Antonio statement of property taxes for           
          1992 states that TGR I was the owner of record of the Babcock               
          Road property.  The documents evidencing the sale of the Babcock            
          Road property name TGR I as the seller.  Thus, TGR I, and not               
          petitioner and Burnett, acquired and held title to the Babcock              
          Road property.  See Tex. Rev. Civ. Stat. Ann. art. 6132b, sec.              
          2.05(a)(1) (West 1999).                                                     
               We conclude that the Babcock Road property does not qualify            
          as replacement property for the Hoefgen Avenue property under               
          section 1033.                                                               
                    b.   The Warfield Drive Property                                  
               Petitioners contend that they acquired the Warfield Drive              
          property as cotenants.  Petitioners point out that petitioner and           
          Burnett testified that they did not intend to form a partnership.           
          The objective facts show otherwise.                                         






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