(caption unavailable)

*Local Rule 47.5 provides: "The publication of opinions that
have no precedential value and merely decide particular cases on
the basis of well-settled principles of law imposes needless
expense on the public and burdens on the legal profession."
Pursuant to that Rule, the Court has determined that this opinion
should not be published.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Summary Calendar
No. 93-5447
CHRISTOPHER DYESS
Petitioner,
versus
COMMISSIONER OF INTERNAL REVENUE
Respondent.
Appeal from a Decision of the United States Tax Court
( TC #28345-89 )
(June 22, 1994)
Before JOLLY, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
In this suit brought against the Commissioner of Internal
Revenue for redetermination of a tax deficiency and penalties for

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1Appellant argued for the first time on appeal that his and
his partner's ownership interests should not have been combined in
determining the applicability of I.R.C. section 707(b)(2)(B).
Because Appellant failed to raise this issue before the tax court,
we need not consider it here. See Alford v. Dean Witter Reynolds,
Inc., 975 F.2d 1161, 1163 (5th Cir. 1992). We do note, however,
that the text of the applicable code section appears to refute
Appellant's assertion.
2
taxable year 1982, the principal issue is whether the tax court
erred in finding that a certain transfer of real property was
between two partnerships having over 80-percent common ownership,
and thus, that the gain on the transaction should be treated as
ordinary income. We have carefully considered the facts and legal
arguments advanced by counsel in their briefs to this court and
have reviewed the record. We are satisfied that, for the reasons
cogently explained by the tax court in its opinion,1 there is no
reversible error. We can add nothing to the correct and
comprehensive analysis of this case contained in the tax court's
opinion. Instead of writing separately, then, we adopt the
reasoning, findings, and conclusions expressed therein, incorporate
it by reference, and annex a copy hereto.
AFFIRMED.

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