David Dobrich and Naomi Dobrich - Page 17

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          petitioners knew and understood the need to timely identify                 
          replacement property, it is highly improbable that petitioners              
          would have kept any actual interest in these properties to                  
          themselves.  Under these circumstances, we find to be untrue                
          petitioners' testimony that their decisions to acquire Pleasant             
          Hill and Skyland as replacement property were made during the               
          identification period.  As further evidence of the incredible               
          nature of his testimony, petitioner husband repeatedly testified            
          that he was not familiar with the 45-day identification                     
          requirement.  Yet, Mr. Clack and several real estate agents                 
          testified that they regularly discussed the requirement with                
          petitioners and that petitioner husband appeared to understand              
          it.                                                                         
               We find that petitioners did not take any steps to identify            
          Pleasant Hill or Skyland as replacement property during the                 
          identification period.  Moreover, if taxpayers were permitted to            
          identify replacement property between themselves without                    
          notifying an unrelated party or another party to the exchange,              
          the identification requirement would be meaningless.  Designation           
          between married taxpayers would also create problems with the               
          limitation on the number of properties permitted to be identified           
          and would essentially be the equivalent of permitting taxpayers             
          to identify an unlimited number of replacement properties.  See             
          St. Laurent v. Commissioner, T.C. Memo. 1996-150.  We conclude              





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