- 19 - 1990 under the installment method of section 453. Section 453 permits taxpayers to report gain from the sale of property in the year payment is received. Payment includes amounts either actually or constructively received by the taxpayer. Sec. 15A.453-1(b)(3)(i), Temporary Income Tax Regs., 46 Fed. Reg. 10710 (Feb. 4, 1981). Taxpayers are not entitled to report gain under the installment method if they directly or indirectly control the sales proceeds or receive the economic benefit therefrom. Roberts v. Commissioner, 643 F.2d 654, 656 (9th Cir. 1981) (citing Rushing v. Commissioner, 441 F.2d 593, 598 (5th Cir. 1971), affg. 52 T.C. 888 (1969)), affg. 71 T.C. 311 (1978); Estate of Silverman v. Commissioner, 98 T.C. 54, 64 (1992). Respondent contends that petitioners are not entitled to use the installment sale method because petitioners constructively received the sales proceeds and received economic benefits from the proceeds in 1989. Respondent argues that petitioners obtained control over the sales proceeds when they were deposited into the Clack Bros.' trust account. The funds were used to make earnest money deposits on replacement properties that petitioners wanted to acquire, and petitioners negotiated the purchase price on the properties. Based on these facts, respondent contends that petitioners directed how and when the sale proceeds were spent and, thus, had control over the sales proceeds. Respondent argues that a seller cannot defer gain recognition under the installment method by placing the purchasePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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