David Dobrich and Naomi Dobrich - Page 25

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               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.                                          



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