David Dobrich and Naomi Dobrich - Page 27

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          within the identification period, and we do not believe their               
          self-serving and uncorroborated testimony that, during the                  
          identification period, they discussed these properties with each            
          other and decided to buy them.                                              
               Although they knew that they had not identified Pleasant               
          Hill or Skyland even verbally, petitioners misrepresented to the            
          IRS that they had in fact identified the replacement property and           
          reported the transaction as a section 1031 exchange.  Petitioners           
          knew that they would owe a substantial amount of tax if they did            
          not timely identify replacement property.  The law is clear with            
          respect to this issue.  Petitioners fabricated timely                       
          identification and obtained false documents to substantiate their           
          claim.  Petitioners knew that the letters were false and that               
          their tax returns were false.  The false letters, even if not               
          required for adequate identification, are evidence of fraud.  See           
          Association Cable TV, Inc. v. Commissioner, T.C. Memo. 1995-596.            
               Petitioners' conduct presents clear and convincing evidence            
          of their intent to defraud.  Accordingly, petitioners are liable            
          for a section 6663 fraud penalty for 1989.                                  
               To reflect the foregoing,                                              
                                             Decisions will be entered                
                                        under Rule 155 in docket No. 3832-            
                                        95 and for petitioners in docket              
                                        No. 7382-96.                                  





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