Walter L. Medlin - Page 42

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          Petitioner has conceded those items.  Respondent has produced               
          affirmative evidence for each of the items conceded, and he has             
          proven those items of income by clear and convincing evidence.              
               Respondent relies upon the gain from the sale of one of the            
          Grissom Parcels in 1986 as evidence of an underpayment.                     
          Petitioner agrees that he is responsible for $12,042 of gain from           
          that sale.  Respondent has proven that amount by clear and                  
          convincing evidence.                                                        
               Respondent also relies on the gain from the exchange of                
          petitioner’s ownership interest in Lots 26, 27, and 28 of the               
          Arrowhead Lakes Subdivision for Mr. McLaughlin’s ownership                  
          interest in the Angel-Royse Property.  In our discussion relating           
          to whether a deficiency existed with respect to this item, the              
          record reflected that petitioner was the 100-percent owner of the           
          lots in the Arrowhead Lakes Subdivision and that he exchanged               
          those lots for Mr. McLaughlin’s 50-percent interest in the Angel-           
          Royse Property.  There is clear and convincing evidence that                
          petitioner and Mr. McLaughlin were not involved in a partnership            
          with respect to both the Arrowhead Lakes Subdivision and the                
          Angel-Royse Property.  We hold that respondent has proven by                
          clear and convincing evidence that petitioner realized $60,709 of           
          gain from the exchange of the properties in 1986.                           
               Respondent also relies upon the gain of $92,502 from the               
          sales of 31 and 31.5 acres of East Lake Vista in 1986.  There is            





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