- 17 - 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 concludePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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