Leo and Alla Goldberg - Page 54

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          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:                                         



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