James V. Abrams and Laurie Abrams - Page 4




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          basement, and is situated on approximately half an acre of land.            
          The property is located on a two-lane access road that leads into           
          the neighboring residential subdivision and into the Del Rio                
          Country Club, which is considered a prestigious section of                  
          Modesto.  From March 1991 through June 1995, petitioners occupied           
          the Stewart property as their personal residence.  Mrs. Abrams              
          testified that during this period they expended approximately               
          $70,000 for improvements on the house, such as a swimming pool              
          and backyard landscaping, thereby increasing their total                    
          investment in the property to approximately $554,950.                       
               In 1993, Mr. Abrams earned an annual income of approximately           
          $350,000.  Due to a decline in the real estate market, however,             
          Mr. Abrams’ salary decreased to approximately $230,000 in 1994              
          and approximately $150,000 in 1995.  As a result, sometime in               
          early 1995 petitioners determined that they could no longer                 
          afford the $3,800 monthly mortgage on the Stewart property.                 
          Petitioners attempted to sell the property themselves for several           
          months, but did not receive any offers.  At this time, the                  
          Modesto real estate market was in the midst of a 5-year                     
          downtrend.  Sales of high-end homes were particularly sluggish.             
          Thus, petitioners considered selling or leasing the property,               
          whichever opportunity presented itself.                                     
               In June 1995, petitioners found a prospective tenant, Ms.              
          Elizabeth Szilagyi (lessee), to lease the property from July 1,             






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