- 24 - 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 becausePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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