Salvador A. and Kathleen M. Gaudiano - Page 12

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               Section 1001(b) provides that "The amount realized from the            
          sale or other disposition of property shall be the sum of any               
          money received plus the fair market value of the property (other            
          than money) received."  Petitioners argue that under section                
          1.1001-1(g)(2), Income Tax Regs., Four A was entitled to report             
          the amount realized on the sale as the present value of the                 
          productions payments to be made under the agreement.                        
               In 1996, final regulations were issued providing a method              
          for calculating the amount realized from a contingent payment               
          debt instrument.  Sec. 1.1001-1(g)(2), Income Tax Regs.  Treasury           
          Decision 8674, explaining the final regulations, provides in                
          part:                                                                       
                    For a contingent payment debt instrument issued                   
               before August 13, 1996, a taxpayer may use any                         
               reasonable method to account for the debt instrument,                  
               including a method that would have been required under                 
               the proposed regulations when the debt instrument was                  
               issued.  * * *  [T.D. 8674, 1996-2 C.B. 84, 89.]                       
               The agreement for the sale of the equipment was executed in            
          1993, before the effective date of the 1996 regulations.                    
          Petitioners contend, as we understand it, that Four A received,             
          in exchange for the equipment, a contingent payment debt                    
          instrument within the meaning of the regulations.  Even if we               


               3(...continued)                                                        
          issue was not included in the statutory notices of deficiency or            
          in the petitions.  We find that the issue was tried by consent              
          pursuant to Rule 41(b)(1), and we consider it to be before the              
          Court.                                                                      




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