Michael A. McCann - Page 3




                                        - 3 -                                         
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated, and the stipulated             
          facts are incorporated herein by this reference.  Petitioner was            
          a resident of Texas at the time that he filed his petition.                 
          During 1996, he was single and had two children, aged 11 and 13.            
               Petitioner was divorced in 1993.  During 1996, petitioner              
          was obligated to pay child support of $700 a month.  During 1996,           
          petitioner wrote checks to each of his children for $350 per                
          month.                                                                      
               On December 29, 1995, petitioner entered into a residential            
          lease agreement for a two-bedroom condominium located in a                  
          residential area on Manor Place in Lake Jackson, Texas (the                 
          condominium).  The lease provided that the premises would be                
          occupied and used solely as a single-family dwelling.  During               
          1996, petitioner, his children, and associates of petitioner used           
          the condominium for residential purposes.  Petitioner paid rent             
          of $10,200, utility expenses of $1,822, and telephone expenses of           
          $1,534 for the condominium.                                                 
               During 1996, petitioner was a licensed dentist and operated            
          a dental practice in Brazoria, Texas.  On March 19, 1996,                   
          petitioner filed a bankruptcy petition.  In the bankruptcy                  
          documents, prepared by petitioner on August 27, 1996, petitioner            
          reported that his household furniture, books, pictures, clothing,           
          and personal vehicle, a 1994 Lexus, were located at the                     






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