- 14 - $39,393 in capital gains, petitioner was entitled to a short-term capital loss in the amount of $2,090. With respect to the capital gains derived from the sale of real property in 1991, respondent contends that petitioner effectively elected out of the installment method by reporting the full amount of his gain on his timely filed 1991 Federal income tax return. Petitioner, on the other hand, argues that he received payment after the close of the taxable year in which the disposition of the real property occurred. Petitioner evidently contends that $250,000 of the real estate proceeds were deposited with the local courts in Hawaii pending resolution of the Moomuku lawsuit. In that regard, he was also forced to take a note for $600,000. This event caused petitioner to file an amended tax return. On the other hand, respondent argues that petitioner was liable for the full amount originally reported in 1991. Petitioner presented no documentation such as affidavits or receipts to demonstrate that a portion of the proceeds was deposited with the local courts. He also did not present any evidence regarding the alleged note. His testimony on this particular subject was disjointed. There was no testimony by other witnesses. Hence, petitioner has not persuaded us that the proceeds were not under his dominion and control. Section 453 provides that income from an installment sale is accounted for under the installment method. Bolton v. Commissioner, 92 T.C. 303, 305 (1989). An installment sale isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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