Walter L. Medlin - Page 37

                                       - 124 -                                        
               Respondent also relies on his determination that petitioner            
          realized 100 percent of the gain realized on the sale of Lot 23             
          in the High Plains Property in 1985.  The record is clear that,             
          at one point in time, petitioner and Mr. Schoolfield were 50-50             
          owners of the High Plains Property.  However, it is not clear               
          from the record whether this 50-50 interest extended to Lot 23,             
          and, if so, whether petitioner and Mr. Schoolfield split up                 
          before or after the sale in 1985.  In our general discussion                
          relating to the deficiency determination, we have relied on                 
          petitioner’s failure to overcome the presumption of correctness             
          which attaches to respondent’s determination.  See supra.  We               
          decided that petitioner did not establish that Mr. Schoolfield              
          owned 50 percent of that lot at the time of its sale, and we                
          decided that petitioner was responsible for 100 percent of the              
          gain realized.  However, with respect to the fraud addition to              
          tax, we find that respondent has not proven by clear and                    
          convincing evidence that petitioner was responsible for 100                 
          percent of the gain from this sale.  Petitioner agrees on brief             
          that he is responsible for half of the gain from this sale.                 
               There is clear and convincing evidence that the fair market            
          value of the Citrus County Property at the time of the                      
          foreclosure sale in 1985 was at least $87,000 and that petitioner           
          realized $85,15681 on the foreclosure sale in 1985.                         

               81Gain realized ($85,156) = Amount realized ($87,000) -                
                                                             (continued...)           




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