Wayne A. McFadden - Page 13




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          the earthquake and homeowner’s insurance and the property taxes             
          on the Atascadero property in November 1995.  On December 29,               
          1995, petitioner sold the Atascadero property to Bryan Dunnivan             
          for $200,286.  Mr. Dunnivan took the property subject to the                
          Great Western first deed of trust and gave petitioner a note for            
          $32,000 secured by a deed of trust to the Atascadero property.              
               On December 29, 1995, Stephanie sold her Oakland home.  In             
          1995, Stephanie also purchased a house in Dallas, Texas, which              
          she sold in 1996 for a gain of $45,401.  Stephanie earned $87,148           
          and $100,744 in 1995 and 1996, respectively.                                
               On his 1995 Federal income tax return, petitioner reported             
          the $170,371 early distribution in gross income and calculated a            
          tax of $17,037 for an early distribution under section 72(t).               
          Petitioner claimed a $136,331 short-term capital loss from the              
          sale of the Atascadero property.  Petitioner calculated a                   
          $336,331 basis in the property, consisting of $170,371, the                 
          amount owed him by Stephanie and David when he took the deed in             
          lieu of foreclosure, plus $168,957, the amount outstanding on the           
          note held by Great Western.  Petitioner acknowledges but does not           
          explain the $2,997 difference between the basis he claimed on his           
          return, $336,331, and the sum of the two amounts he used to                 
          calculate the basis, $339,328 ($170,371 + $168,957).                        
               Petitioner did not claim any deduction for a worthless debt            
          on his 1995 return.  In response to respondent’s denial of the              






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