- 15 - defined as a disposition of property where at least one payment is to be received after the close of the taxable year in which the disposition occurs. Sec. 453(b)(1). Income from an installment sale is to be taken into account using the installment method, unless a taxpayer elects not to have the method apply. Sec. 453(a), (d). Generally, the election not to report a disposition of property on the installment method is made by the due date of the taxpayer's return for the year in which the disposition occurs, and in the manner prescribed by the appropriate tax forms for that return. See Bolton v. Commissioner, supra; see also sec. 15A.453-1(d)(3), Temporary Income Tax Regs., 46 Fed. Reg. 10718 (Feb. 4, 1981). Specifically, a taxpayer who reports an amount realized equal to the selling price including the full face amount of any installment obligation on the tax return filed for the taxable year in which the installment sale occurs will be considered to have made an effective election. Sec. 15A.453-1(d)(3)(i), Temporary Income Tax Regs., supra. Generally such an election is irrevocable and may only be revoked with respondent's permission. Sec. 15A.453-1(d)(4), Temporary Income Tax Regs., supra. Petitioner filed his 1991 Federal income tax return and reported the full amount of the gain realized from the real property sale. Petitioner has not shown that respondent consented to a revocation of his effective election out of the installment method. Accordingly, respondent is sustained on this issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011