Leslie S. Hirahara - Page 15

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          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.                                                                      



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