Leo and Alla Goldberg - Page 8

                                         -8-                                          
               Petitioners reported gain from the sale of Malloy on their             
          Form 4797, Sales of Business Property, attached to their 1988               
          return.  They misreported the net proceeds they received from               
          sale of the property, $37,531, as the "Gross sales price" and               
          calculated their gain as follows:                                           
                    Gross sales price             $37,531                             
                    Depreciation                  12,333                              
                    Adjusted basis and expenses   (44,554)                            
                    Gain reported                 $ 5,310                             
          The gain should have been calculated as follows:                            
                    Gross sales price             $104,500                            
                    Depreciation                  18,333                              
                    Adjusted basis and expenses    (52,254)                           
                    Gain realized                 $ 70,579                            
          Thus, petitioners underreported their income of the Malloy                  
          property by $65,269.  At the time that he prepared petitioners'             
          1988 Federal tax return, petitioner knew that he was required to            
          report the gross sales price, not the net proceeds, in computing            
          the gain.  He failed to report the gross sales price in order to            
          defeat or avoid the payment of taxes known to be owing on                   
          petitioners' gain from the sale of Malloy.                                  
          Exchange Properties                                                         
               On or about January 31, 1986, petitioners acquired for                 
          $205,000 an interest in certain property in Orange County,                  
          California, known as the Detroit properties.  In February 1986,             
          petitioners conveyed an undivided one-half interest in the                  
          Detroit properties to Boris and Natliya Landau (the Landaus) for            
          no cash consideration.                                                      




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