John T. Barrett, Jr. and Jane W. A. Barrett - Page 14

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          demand or is issued by, inter alia, a corporation and is readily            
          tradable, sec. 453(f)(4),5 and the note was neither payable on              
          demand nor readily tradable.  Petitioners argue that the only               
          “payment” received with respect to the shares was the cash that             
          they received from Drexel during 1989.  Accordingly, petitioners            
          argue that they were not required to elect out6 of the                      
          installment method in order to preclude its application to                  
          petitioner’s disposition of the shares.                                     
               Although petitioners are correct in their contention that              
          the note was not a “payment” within the meaning of the relevant             
          sections because it was neither payable on demand nor readily               
          tradable, petitioners simply misinterpret the Code when they                
          conclude that the transaction was not an installment sale because           
          the note was not a “payment”.  By excluding the receipt of a                
          nondemand, nonreadily tradable evidence of indebtedness from the            
          definition of “payment”, the installment sale provisions treat              


          5                                                                           
               Sec. 453(f)(4) states:                                                 
                    (4) Purchaser evidences of indebtedness payable on                
               demand or readily tradable.--Receipt of a bond or other                
               evidence of indebtedness which--                                       
                   (A) is payable on demand, or                                      
                    (B) is issued by a corporation or a                               
                    government or political subdivision thereof and is                
                    readily tradable,                                                 
               shall be treated as receipt of payment.                                
          6                                                                           
               Petitioners do not argue that they elected out of the                  
          installment method as provided by sec. 453(d).                              




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