Florida Industries Investment Corporation and Subsidiaries - Page 33




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               With respect to Mr. Canty's testimony on which petitioners              
          are relying, as we stated above, we have reservations about his              
          credibility.  Moreover, Mr. Canty's testimony that he notified               
          Mr. Kaplan prior to July 26, 1990, of the identity of the proper-            
          ties that OIP intended to acquire with the escrowed sales pro-               
          ceeds is belied by the escrow agreement itself.  That agreement              
          recited that as of July 26, 1990, OIP was "in the process of                 
          identifying a parcel or parcels of real property to be acquired".            
          In addition, the escrow agreement did not identify any particular            
          property to be purchased thereunder and did not identify what                
          portion of the escrowed sales proceeds would be used to purchase             
          such property and what portion would remain as boot under section            
          1031.  Furthermore, although the escrow agreement required OIP to            
          identify within 45 days after July 26, 1990, any property that it            
          wanted Interstate to acquire pursuant to the escrow agreement by             
          notifying Interstate in writing of the identity of any such                  
          property, OIP did not comply with that requirement.  We are not              
          required to, and we shall not, rely on Mr. Canty's uncorroborated            
          testimony that, prior to July 26, 1990, he informed Mr. Kaplan of            
          the identity of the properties to be received by OIP in exchange             
          for lots 11 and 12 and OIP's 25-percent interests in lots 14 and             
          15, which testimony serves the interests of petitioners.  See                
          Lerch v. Commissioner, supra; Geiger v. Commissioner, supra;                 
          Tokarski v. Commissioner, supra.                                             






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