Fleming G. and Sherry H. Brooks - Page 3

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                                   Background                                         
               The parties submitted the instant case fully stipulated,               
          without trial, pursuant to Rule 122.  The parties’ stipulations             
          of fact are incorporated herein by reference and are found as               
          facts in the instant case.                                                  
               Petitioners Fleming G. Brooks and Sherry H. Brooks are                 
          husband and wife.  At the time of filing the petition, they                 
          resided in Samson, Alabama.  During the years in issue, Fleming             
          S. Brooks and Merle R. Brooks were husband and wife.  Fleming S.            
          Brooks died on March 30, 2001.  At the time of filing the                   
          petition, Merle R. Brooks resided in Samson, Alabama.  Fleming G.           
          Brooks and Fleming S. Brooks (Messrs. Brooks) and their                     
          respective spouses were calendar year taxpayers.                            
               At all relevant times, Fleming S. Brooks owned 51 percent of           
          the stock of Brooks AG Company, Inc., (the company), and Fleming            
          G. Brooks owned 49 percent.  The company was an S corporation               
          with a calendar year tax year, and Messrs. Brooks each had a zero           
          basis in their stock in the company during all relevant times.              
               Before and during the years in issue, Messrs. Brooks                   
          advanced money to the company on open account on three occasions.           
          The open account transactions and related computations of Messrs.           
          Brooks are described in detail in the Appendix to this opinion.             
          The first such advance occurred during 1997, when Messrs. Brooks            
          each advanced $500,000 to the company on open account (referred             






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