David Dobrich and Naomi Dobrich - Page 16

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          December 1989.  Petitioners claim that by October 6, 1989, they             
          had decided to purchase Pleasant Hill and Skyland.  However, they           
          rely solely on their own testimony in that regard.  Apart from              
          their testimony there is no evidence that they saw the Skyland              
          property before October 12, 1989 or the Pleasant Hill property              
          before January of 1990.  Even if they had seen either property on           
          the dates alleged, that would likely not be sufficient to meet              
          the identification requirement.                                             
               Although petitioners are not specifically educated in tax              
          matters, they are sophisticated real estate investors.                      
          Petitioners repeatedly discussed the identification requirement             
          with their advisers and were advised as to the adequate measures            
          of identification.  We find that petitioners understood the                 
          importance of timely identification.  Indeed, they asked Ms. Love           
          to identify Skyland to Mr. Clack when they made a verbal offer.             
          Nevertheless, they never disclosed their alleged interest in the            
          Pleasant Hill or Skyland properties during the identification               
          period to anyone, not to Mr. Clack, their real estate agents, or            
          the prior owners.  Petitioners failed to mention either property            
          to Mr. Van Voorhis in September 1989 when Mr. Van Voorhis                   
          prepared an identification letter to Mr. Clack.  Moreover,                  
          petitioner husband did not indicate any prior interest in                   
          Pleasant Hill and acted as if he were unfamiliar with the                   
          property when Mr. Van Voorhis first approached him about it.  As            





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