Estate of John W. Clause, Deceased, Thomas Y. Clause, Personal Respresentative - Page 13

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          According to the regulation, the election is to be made in the              
          form of statements attached to the return.  Not only did                    
          petitioner’s return for the year of sale fail to include such               
          statements, it reported none of the information required to be              
          provided in such statements.  Indeed, the return made no mention            
          of the sale at all.                                                         
               The Commissioner must be notified in some manner of a                  
          taxpayer’s intentions to elect the benefit of section 1042 in               
          order to facilitate the Commissioner’s duty to ensure compliance            
          with the tax laws and minimize disputes between taxpayers and the           
          Internal Revenue Service.  Knight-Ridder Newspapers, Inc. v.                
          United States, 743 F.2d 781, 795 (11th Cir. 1984); Young v.                 
          Commissioner, 83 T.C. 831, 841 (1984), affd. 783 F.2d 1201 (5th             
          Cir. 1986).  As we stated in Dunavant v. Commissioner, 63 T.C.              
          316, 320 (1974):  “We are not at liberty to infer that an                   
          election existed when the unequivocal proof required by Congress            
          does not exist.”  Petitioner did not alert respondent to the                
          intended “election” under section 1042 until respondent received            
          the amended tax return on November 28, 2000, over 3 years after             
          the due date of the original tax return.                                    

               3(...continued)                                                        
          filed the original tax return on or before Apr. 15, 1997.                   
          Petitioner’s first amended tax return was not received by                   
          respondent until Nov. 28, 2000.  We conclude that petitioner did            
          not take the appropriate corrective action in order to receive an           
          automatic extension of time for filing the election under sec.              
          1042.                                                                       





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