Richard G. Tuck - Page 8

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          trial.3  It is clear from the permanent stipulation that the                
          manufactured home was given to Ms. Brownell in a division of                
          property following the termination of their personal                        
          relationship.  It is also clear that the intent behind the                  
          agreement to transfer the home was to provide Ms. Brownell and              
          petitioner’s own children with a residence after they were                  
          required to leave petitioner’s residence.  Furthermore, the terms           
          of the permanent stipulation established a lien on the property             
          in favor of petitioner for a number of years after the transfer             
          to Ms. Brownell.  Because the lien caused Ms. Brownell to have              
          only a limited interest in the manufactured home, the existence             
          of such a lien is inconsistent with an intent by petitioner to              
          provide Ms. Brownell with compensation for past services.                   
          Finally, petitioner in prior years had issued Ms. Brownell Forms            
          W-2 for the compensation which he paid to her, and on his 1998              
          Federal income tax return he reported wage expenses of $33,576.             
          However, petitioner did not issue a Form W-2 for the manufactured           
          home, and on his 1998 return he characterized the cost of the               
          manufactured home as a cost of goods sold rather than as wages.             
          This is further evidence that petitioner did not intend at that             

          3Petitioner also provided a written statement from Ms.                      
          Brownell--signed on the day before this case was tried and                  
          apparently prepared by petitioner’s accountant--which in essence            
          recites the events as petitioner portrayed them at trial.  We do            
          not accept this statement as reliable evidence of petitioner’s              
          intent at the time the manufactured home was purchased and given            
          to Ms. Brownell.                                                            





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