David Dobrich and Naomi Dobrich - Page 2

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          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.                                      




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