Robert W. Suhr - Page 5




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          received, one-half of the net equity from the Arden Road house),            
          to obtain a loan from Park National Bank.  The statement said               
          that petitioner owned a 50-percent interest in the Arden Road               
          house, that he acquired it in November 1969, and that it was                
          subject to an $18,000 mortgage.                                             
          E.   Sale of the Arden Road House                                           
               Mrs. Suhr sold the Arden Road house for $155,000 on July 27,           
          1994.  Mrs. Suhr signed the Seller’s Affidavit and Survivorship             
          Deed, and Mrs. Suhr and petitioner each signed an Addendum to               
          Sales Contract, Agency Disclosure Statement, and Addendum to                
          Inspection Clause.  State Savings Bank released petitioner and              
          Mrs. Suhr from the mortgage September 12, 1994, upon payment of             
          the $20,632.55 balance owed on the mortgage.  Selling expenses              
          totaled $10,928.50.                                                         
               Pursuant to the divorce decree, petitioner and Mrs. Suhr               
          each received $61,156.84 from the sale of the Arden Road house.             
          On July 27, 1994, Mrs. Suhr used the proceeds from the sale of              
          the Arden Road house to buy a house in Gahanna, Ohio, for                   
          $112,900, and she thus was eligible for nonrecognition of gain              
          under former section 1034.                                                  
                                     Discussion                                       
          A.   Background                                                             
               The issue for decision is whether petitioner must recognize            
          gain in 1994 from the sale of the Arden Road house.  Generally, a           






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