- 25 - Petitioners had repeated discussions with their real estate agents and Mr. Clack about the identification requirement and the need to adequately identify replacement property. Mr. Clack advised petitioners of the need to acquire property that had been identified during the 45-day period. Mr. Van Voorhis and other real estate agents counseled petitioners to have written documentation of their identification. When Mr. Van Voorhis first showed Pleasant Hill to petitioners, he informed them that it could not qualify as replacement property because it was not timely identified. A letter attached to the exchange agreement clearly informed petitioners of the need to identify property within 45 days of the sale of the Antioch property. We find in this setting petitioners cannot rely on Mr. Clack's advice as an excuse for their fraudulent conduct. They knew their actions were fraudulent because of the repeated advice they received. Petitioners were not misled into committing fraud by their attorney, as they contend. See Medieval Attractions N.V. v. Commissioner, T.C. Memo. 1996-455. We consider it probative that petitioner husband pleaded guilty to submitting false documents to respondent's revenue agent in violation of section 7207. Although this conviction does not alone establish fraudulent intent to evade taxes, it is evidence of petitioner husband's intent and propensity to defraud. Petzoldt v. Commissioner, 92 T.C. 661, 701-702 (1989); Alvarez v. Commissioner, T.C. Memo. 1995-414.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011