David Dobrich and Naomi Dobrich - Page 12

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          nonsimultaneous like-kind exchange, the taxpayer must identify              
          replacement property to be received in the exchange within 45               
          days after the date the taxpayer transfers the property                     
          relinquished in the exchange.  Sec. 1031(a)(3)(A).  In this case,           
          the 45-day period ended on October 6, 1989.                                 
               The parties dispute whether petitioners timely identified              
          either the Pleasant Hill or Skyland properties as replacement               
          properties.  Petitioners contend that they discussed Pleasant               
          Hill and Skyland with each other during the identification                  
          period.  Petitioners further allege that they drove by the                  
          properties while under construction and that petitioner husband             
          toured the construction site and inquired about building plans              
          with construction workers.  Petitioners concede that they never             
          indicated that they were interested in acquiring Pleasant Hill or           
          Skyland to the prior owners of either property, their exchange              
          intermediary/attorney, Mr. Clack, or any of their numerous real             
          estate agents.  Petitioners contend that identification of                  
          replacement property to each other was sufficient to meet the               
          identification requirement of section 1031(a)(3)(A).  Respondent            
          contends that petitioners did not consider purchasing Pleasant              
          Hill or Skyland during the identification period, and even if               
          they did, petitioners did not adequately identify either                    
          property.                                                                   
               Section 1031(a)(3) provides:                                           





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