-54- option fee from their account at Escrow Masters and deposited it into California Federal account number 502396. The Woods decided not to exercise their option on March 7, 1991. Respondent argues that proceeds from binding legal options are not taxed until the option is exercised or lapses. Petitioners contend that the $10,000 was received by petitioners in 1989 and was taxable in the year of receipt. Petitioners rely on Estate of Gordon v. Commissioner, 17 T.C. 427 (1951), affd. 201 F.2d 171 (6th Cir. 1952). In Estate of Gordon, a $25,000 "option" payment was taxable income to the taxpayer-decedent in the year of receipt under a claim of right. In Estate of Gordon, the decedent had inherited a theater and business property from her husband. A man was interested in acquiring the property and negotiated two instruments with the decedent. The purchase price was $125,000, and decedent received $25,000 initially and interest was to be computed on the balance of the purchase price, with one of the instruments requiring quarterly interest payments. The lessee was given the privilege of purchase at any time at the expiration of 6 months after the death of the decedent and undertook the insurance and real estate tax responsibilities. No outright sale was accomplished because the lessee was not bound to purchase the property. The present situation is distinguishable from that in Estate of Gordon. We incorporate herein the reasoning of the Court of Appeals for the Third Circuit when it distinguished the option in Estate of Gordon from true options:Page: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
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