Orville E. Christensen and Helen V. Christensen - Page 11

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               Section 6072 provides that a return for an individual on the           
          calendar year basis must be filed by April 15 following the close           
          of the calendar year.  Section 7503 then provides that if April             
          15 falls on a Saturday, Sunday, or legal holiday, the due date              
          will be the next day not a Saturday, Sunday, or legal holiday.              
          The due date for petitioners' 1988 return was on April 15, 1989,            
          except that such date was a Saturday.  Therefore, under section             
          7503, the due date for petitioners' income tax return was April             
          17, 1989.  As we have detailed above, all the transfers to                  
          petitioner husband, the exchanger, in this transaction happened             
          after April 17, 1989:  the earliest on April 25, 1989, and the              
          latest on June 20, 1989.  Such transfer dates fall outside the              
          exchange period provided for by the statute, section                        
          1031(a)(3)(B)(ii).                                                          
               Petitioners nevertheless urge that respondent's argument is            
          just a quibble, that even though petitioners' joint return was              
          due on April 17, 1989, and in fact was filed on that date,                  
          petitioners nevertheless were entitled to an automatic 4-month              
          extension of time for the year 1988, which would extend the due             
          date for the return from April 17, 1989, to August 17, 1989, and            
          that since they were automatically entitled to such an extension,           
          the permissible period within which a tax-free exchange could be            
          made should be extended by that period.                                     
               We must reject petitioners' argument.  The fact is that                
          petitioners' joint return was filed on April 17, 1989, its due              




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