Leslie S. Hirahara - Page 14

                                       - 14 -                                         
          $39,393 in capital gains, petitioner was entitled to a short-term           
          capital loss in the amount of $2,090.                                       
               With respect to the capital gains derived from the sale of             
          real property in 1991, respondent contends that petitioner                  
          effectively elected out of the installment method by reporting              
          the full amount of his gain on his timely filed 1991 Federal                
          income tax return.  Petitioner, on the other hand, argues that he           
          received payment after the close of the taxable year in which the           
          disposition of the real property occurred.                                  
               Petitioner evidently contends that $250,000 of the real                
          estate proceeds were deposited with the local courts in Hawaii              
          pending resolution of the Moomuku lawsuit.  In that regard, he              
          was also forced to take a note for $600,000.  This event caused             
          petitioner to file an amended tax return.  On the other hand,               
          respondent argues that petitioner was liable for the full amount            
          originally reported in 1991.  Petitioner presented no                       
          documentation such as affidavits or receipts to demonstrate that            
          a portion of the proceeds was deposited with the local courts.              
          He also did not present any evidence regarding the alleged note.            
          His testimony on this particular subject was disjointed.  There             
          was no testimony by other witnesses. Hence, petitioner has not              
          persuaded us that the proceeds were not under his dominion and              
          control.                                                                    
               Section 453 provides that income from an installment sale is           
          accounted for under the installment method.  Bolton v.                      
          Commissioner, 92 T.C. 303, 305 (1989).  An installment sale is              



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011