Florida Industries Investment Corporation and Subsidiaries - Page 34




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               With respect to the parties' stipulation on which petition-             
          ers are relying, we find that stipulation to be vague, general,              
          and inconclusive in establishing that OIP complied with section              
          1031(a)(3)(A).  That stipulation merely shows that Mr. Kaplan                
          believes that at approximately the time of the sales by OIP of               
          the real estate interests in question, and probably within 45                
          days thereafter, Mr. Canty made Mr. Kaplan generally aware of                
          properties that he was interested in purchasing including, but               
          not limited to, the properties that were ultimately purchased                
          with a portion of the escrow fund.  In this connection, it is                
          noteworthy that Mr. Canty, who negotiated all real estate trans-             
          actions on behalf of the various petitioners involved in real                
          estate investment, testified that, as a negotiating tactic, he               
          sometimes intentionally stalled the closing of real property on              
          which a real estate contract had been signed in order to attempt             
          to lower the purchase price.  As far as Mr. Canty was concerned,             
          his negotiations on real estate transactions on behalf of OIP and            
          other petitioners were not final until a real estate deal was                
          actually closed.                                                             
               Third, on the record before us, we find that petitioners                
          have failed to show that OIP, acting through its president Mr.               
          Canty, did not have control over the escrowed sales proceeds.                
          See Coupe v. Commissioner, 52 T.C. 394, 409 (1969) ("The statute             
          [section 1031] only requires that as the end result of an agree-             
          ment, property be received as consideration for property trans-              




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