11 taxpayer elected one of several allowable alternatives in the amended return. Goldstone v. Commissioner, 65 T.C. 113, 116 (1975). However, mere Oversight, poor judgment, ignorance of the law, misunderstanding of the law, unawareness of the tax consequences of making an election, miscalculation, and unexpected subsequent events have all been held insufficient to mitigate the binding effect of elections made under a variety of provisions of the Code. Estate of Stamos v. Commissioner, supra at 474 (citations omitted). We find that petitioners' desire to amend their returns is based on the type of justifications enumerated in Estate of Stamos. Thus, pursuant to the doctrine of election, petitioners may not change their election to deduct preproductive expenses without the approval of the Commissioner. Petitioners have not received the approval of the Commissioner and, therefore, are not entitled to revoke their election. Refund of 1986 Overpayment Petitioners did not file their corporate or personal joint Federal income tax returns for 1986 through 1990 until in or about July 1991. Petitioners received extensions to file only for their 1986 and 1989 returns, which were due August 15, 1987, and August 15, 1990, respectively. The IRS selected petitioners' 1986 through 1990 corporate and personal returns for examination in August 1991 and commenced an audit thereof in May 1992.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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