Robert L. Perkins - Page 17




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          business.  Sec. 475(f)(1)(A).  A taxpayer must elect the                    
          provision, however, no later than the due date (without regard to           
          extensions) for the return for the year immediately preceding the           
          election year.  Rev. Proc. 99-17, sec. 5.03, 1999-1 C.B. 503,               
          504; Lehrer v. Commissioner, T.C. Memo. 2005-167; see also Knish            
          v. Commissioner, T.C. Memo. 2006-268.  Petitioner admits that he            
          has made no such election at any time.  Even if we were to treat            
          petitioner's averments in this proceeding as an attempt to elect            
          section 475(f) notwithstanding the requirements of Rev. Proc. 99-           
          17, supra, such an election, coming almost 5 years after the                
          close of the year at issue, would give petitioner an                        
          impermissible benefit of hindsight.  Compare Vines v.                       
          Commissioner, 126 T.C. 279 (2006)(3-month-late section 475(f)               
          election permitted under section 301.9100-3, Proced. & Admin.               
          Regs., where taxpayer made no securities trades between                     
          election's due date and its actual filing), with Knish v.                   
          Commissioner, supra (6-month-late section 475(f) election made on           
          Form 3115, Application for Change in Accounting Method, was                 
          ineffective); Lehrer v. Commissioner, supra (34-month-late                  
          section 475(f) election made on amended Tax Court petition was              
          ineffective).                                                               
               In addition to the absence of an election, petitioner                  
          presented no evidence beyond his uncorroborated testimony that he           
          was engaged in a trade or business of trading securities.                   







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