- 27 - 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.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
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