Walter L. Medlin - Page 106

                                       - 31 -                                         
               on property in Osceola County, Florida, presently owned                
               by William F. Mitchell, Trustee.                                       
                    WHEREAS, the beneficiaries of this Trust and their                
               interest are as follows:  C. Wayne Schoolfield - 50%                   
               and W. L. Medlin, Trustee - 50%.                                       
                    WHEREAS, Allen further declares she as Trustee                    
               will own, possess and administer the same only in                      
               keeping with the interest of the beneficiaries thereto                 
               and they shall have sole discretion and authority to                   
               sell, assign, transfer, and convey or otherwise dispose                
               of the aforesaid Offer to Purchase Contract and that                   
               she will execute any and all necessary forms to                        
               consummate a sale upon receiving notice from the                       
               beneficiares [sic].  Allen shall account to and pay                    
               over to the beneficiarie [sic] herein the proceeds                     
               derived from their stated interest in that Receipt for                 
               Deposit and Offer to Purchase contract dated April 7,                  
               1977 and attached hereto.                                              
                    AND WHEREAS:  Allen shall not sell, convey or                     
               exchange the property conveyed to her as Trustee with                  
               herself as an individual without written consent of the                
               beneficiaries of this Trust Agreement and she shall                    
               keep an accurate set of records regarding the above                    
               property and render periodic accounting therefore to                   
               the beneficiaries.                                                     
          Mr. Schoolfield and petitioner’s joint ownership of the High                
          Plains Property terminated at some point in time.                           
                                       OPINION                                        
               Respondent determined that petitioner was the sole owner of            
          Lot 23 and that he realized the entire $19,699 gain from the sale           
          of Lot 23 in 1985.  Petitioner contends that he was a half-owner            
          of the lot with Mr. Schoolfield when the property was sold and              
          that he received only half of the gain that respondent                      
          determined.                                                                 







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