- 13 - Generally, the election not to report a disposition of property on the installment method is made by the due date of the taxpayer’s return for the year in which the disposition occurs and in the manner prescribed by the appropriate tax forms for that return. Sec. 15A.453-1(d)(3), Temporary Income Tax Regs., 46 Fed. Reg. 10718 (Feb. 4, 1981); see also Bolton v. Commissioner, 92 T.C. 303, 305-306 (1989). Respondent contends that petitioner’s disposition of the shares falls squarely within the definition of an installment sale, and, therefore, petitioners must report gain pursuant to the installment method on the disposition of the shares for the year of the sale, to wit, 1989. Petitioners contend that the sale was not an installment sale because no payment was to be received after the close of the year in which the disposition of the shares occurred, as required by section 453(b)(1). Petitioners contend that the note was not a “payment” as that term is used in section 453(b)(1), because section 453(f)(3)4 excludes from the definition of “payment” the receipt of an evidence of indebtedness of the person acquiring the property unless the purchaser’s evidence of indebtedness is payable on 4 Sec. 453(f)(3) states: (3) Payment.--Except as provided in paragraph (4), the term “payment” does not include the receipt of evidences of indebtedness of the person acquiring the property (whether or not payment of such indebtedness is guaranteed by another person).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011