- 2 - civil fraud penalties for 1989 and 1990 of $833,469 and $833,490, respectively. Respondent determined the income tax deficiency and penalty in the alternative for 1989 or 1990. The issues for our consideration are: (1) Whether petitioners may defer recognition of gain from the disposition of certain real property under section 1031, (2) if the transaction does not qualify for section 1031 exchange, whether petitioners are entitled to report the gain in 1990 under the installment sale method, and (3) whether petitioners are liable for a fraud penalty under section 6663. FINDINGS OF FACT2 At the time the petitions in this case were filed, petitioners resided in Danville, California. Petitioners are married and filed joint Federal income tax returns for each of the years in issue. During the years in issue, petitioners engaged in real estate investment and received rental income from commercial and residential real estate. In 1977, petitioners purchased 137 acres of unimproved real property located in Antioch, California (Antioch property), for $300,000 and thereafter spent $30,000 in engineering and consulting fees to improve the property. In 1988, petitioners decided to sell a portion of the Antioch 2 The stipulation of facts and the attached exhibits are incorporated herein by this reference.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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