I.C. Hemmings and Sue B. Hemmings, et al. - Page 24

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               After considering the merits of the transitional rule                  
          elections, Mr. Brown and Mr. Hemmings (collectively petitioners)            
          filed their 1981 Federal income tax returns without making either           
          of the elections.  The reporting of the pre-June 24 positions               
          reflected that choice.  Petitioners, by amended petitions, now              
          seek to alter that choice long after the deadline for filing such           
          elections contained in the statutes and regulations.                        
               Where Congress has set an explicit time limit for making an            
          election, extending the time beyond the limits prescribed is a              
          legislative not a judicial function.  Riley Co. v. Commissioner,            
          311 U.S. 55, 58 (1940); see also Scaife Co. v. Commissioner, 314            
          U.S. 459, 462 (1941); Brutsche v. Commissioner, 585 F.2d 436, 439           
          (10th Cir. 1978), vacating and remanding 65 T.C. 1034 (1976);               
          Frentz v. Commissioner, 44 T.C. 485, 490 (1965), affd. 375 F.2d             
          662 (6th Cir. 1967); Taylor v. Commissioner, T.C. Memo. 1987-399;           
          Welsh v. United States, 2 Cl. Ct. 417, 420 (1983).  Accordingly,            
          petitioners' untimely elections under ERTA section 509 cannot be            
          given effect, and we turn to petitioners' untimely elections                
          under ERTA section 508(c).                                                  
               In contrast to the deference afforded Congressionally                  
          created time limits, the adherence to administratively created              
          time limits is not always mandated, even where that time limit is           
          created pursuant to a Congressional delegation of authority.  See           
          Dougherty v. Commissioner, 60 T.C. 917, 938 (1973).  Petitioners            
          assert that their untimely elections should be respected because            




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