14 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011