- 12 - respect to the sale of the shares by increasing the basis claimed for the shares from $45,000 to $116,528. Petitioners subsequently filed an amendment to the amended return claiming a basis of $116,504 for the shares. OPINION The first issue we must decide is whether petitioners, for taxable year 1989, must recognize a capital gain2 pursuant to the installment sale provisions of section 453 on the disposition of the shares. As a general matter, an installment sale is a disposition of property where one payment is to be received after the close of the year in which the disposition occurs. Sec. 453(b)(1).3 Income from an installment sale is to be taken into account using the installment method, unless a taxpayer elects not to have the method apply. Sec. 453(a), (d). The installment method requires gain from the disposition to be recognized for payments received in a taxable year in the same proportion that the gross profit (realized or to be realized when payment is completed) bears to the total contract price. Sec. 453(c). 2 Respondent does not contest petitioners' characterization of their gain as capital gain. 3 Sec. 453(b)(1) provides: (1) In general.--The term “installment sale” means a disposition of property where at least 1 payment is to be received after the close of the taxable year in which the disposition occurs.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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