Timothy J. Coburn - Page 2

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          reasonable.  Unless otherwise indicated, all section references             
          are to the Internal Revenue Code, and all Rule references are to            
          the Tax Court Rules of Practice and Procedure.                              
                                     Background                                       
               The parties have not requested a hearing on the instant                
          motion.  Consequently, we base our decision on the parties’                 
          submissions and the record.  The underlying facts of this case              
          are set forth in detail in Coburn v. Commissioner, T.C. Memo.               
          2005-283 (Coburn I), and we incorporate by reference the portions           
          of Coburn I that are relevant to our disposition of the instant             
          motion.  The following represents a brief summary of the factual            
          and procedural background of the instant case.                              
               At the time of filing the petition, petitioner resided in              
          Glastonbury, Connecticut.  During 1996, petitioner received stock           
          of PhyMatrix Corp. (PhyMatrix) and CareMatrix Corp. (CareMatrix)            
          with an aggregate value of $1,675,000, and petitioner incurred a            
          related income tax liability of $621,980.  On April 15, 1997,               
          CareMatrix lent petitioner $621,980, and petitioner pledged                 
          57,248 shares of PhyMatrix common stock (the collateral) as                 
          security on the loan.1  To complete the loan transaction,                   
          petitioner executed a promissory note (the promissory note), a              
          stock pledge agreement (the stock pledge agreement), and a stock            


               1Petitioner concedes that the purpose of the loan was to               
          provide him with the money necessary to pay the aforementioned              
          income tax liability.                                                       




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