Orville E. Christensen and Helen V. Christensen - Page 14

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          treatment under section 453.1  Section 453(a) provides that                 
          except as otherwise provided, income from an installment sale               
          shall be taken into account for purposes of taxation under the              
          installment method.  An installment sale is defined in section              
          453(b) as 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".  Section 453(c) defines the installment                
          method of reporting as "a method under which the income                     
          recognized for any taxable year from a disposition is that                  
          proportion of the payments received in that year which the gross            
          profit (realized or to be realized when payment is completed)               
          bears to the total contract price".  If the facts fulfil the                
          requirements of an installment sale, this method of tax reporting           
          is to be followed unless the taxpayer elects to have the section            
          not apply to such a disposition.  Sec. 453(d).                              
              In the instant case, the property was conveyed by petitioner           
          husband to the facilitators and by them to the purchasers on                
          December 22, 1988.  Nevertheless, no payment for the conveyance,            
          in the form of the properties detailed above, was received until            


          1  This issue was not raised by petitioners in their                        
          petition herein, nor by respondent in answer.  However, it was              
          argued by petitioners on brief, and respondent responded to it              
          and accepted it on brief.  Normally we shall not consider an                
          issue that was not pleaded, but raised for the first time on                
          brief.  Rule 34(b)(4).  However, since respondent has replied to            
          the argument and has accepted petitioners' position thereon, the            
          issue will be deemed raised and tried by consent of the parties             
          under Rule 41(b).                                                           




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