Timothy J. Phelan and Deborah A. Phelan - Page 6

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              During 1996 a Preliminary Geological Investigation was                  
         conducted on the Jackson Creek property to evaluate subsurface               
         conditions for the development of the property.  Prior to the                
         sales of the Jackson Creek property by JCLC, amended and final               
         development plans were approved by the town of Monument, which               
         enabled the commencement of construction.  Approximately 1 year              
         later, a representative from Elite Properties of America Corp.               
         (Elite), inquired whether JCLC was willing to sell a portion of              
         the Jackson Creek property.  After negotiations, JCLC entered                
         into a Purchase and Sale agreement with Elite on August 28, 1997.            
         The agreement was amended on March 19, 1998, to permit conveyance            
         to Elite of 102.215 acres of the Jackson Creek property.  The                
         amended agreement was to occur by means of three separate closing            
         transactions.                                                                
              The first closing occurred on June 15, 1998, when a portion             
         of the Jackson Creek property was conveyed for $792,880.  JCLC’s             
         1998 partnership return reflected a long-term capital gain of                
         $607,344 with respect to this transaction.  Petitioner reported              
         his distributive share of the gain on his 1998 Federal income tax            
         return.  The second and third closings occurred during 1999 and              
         2000, respectively.  The March 19, 1998, amended agreement also              
         included terms requiring JCLC to cause Triview to install and                
         maintain irrigation and landscaping within the parcel, and for               
         JCLC, at its sole expense, to be responsible for any grading,                






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