Leo and Alla Goldberg - Page 7

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               On their 1988 tax return, petitioners reported the sale of             
          Apricot as a sale of business property.  They executed a                    
          Form 2119, Sale of Your Home, with respect to 14 Siros.  They               
          attached this form to their 1988 Federal tax return, thereby                
          claiming the right to defer under section 1034 a gain of $81,555            
          realized on sale of 14 Siros.                                               
               At the time that he prepared and filed petitioners' tax                
          return for 1988, petitioner was familiar with the requirements              
          for deferral of gain under section 1034.  Petitioner knew that              
          petitioners did not qualify for deferral with respect to the gain           
          on the property at 14 Siros, but he nonetheless claimed the                 
          deferral in order to defeat or avoid the taxes known to be owing            
          on the gain that they realized from sale of that property.                  
          Malloy Property                                                             
               On June 21, 1979, petitioner acquired an undivided one-half            
          interest in property at 8132 Malloy Drive, Huntington Beach,                
          California (Malloy).  In July 1988, petitioners entered into an             
          agreement with Irvine Exchange Corporation (IEC) under which                
          petitioners were required to convey Malloy to IEC and IEC was to            
          act as an accommodator to petitioners for the exchange of then              
          unspecified property with then unknown third parties.  That                 
          exchange, however, was never completed with respect to Malloy.              
          Rather, on August 26, 1988, Malloy was sold to Anthony J. Vaccaro           
          for $209,000, of which $104,500 was for petitioners' interest in            
          Malloy.                                                                     




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