- 5 - Discussion As stated, the sole issue for decision is whether petitioners may deduct interest which they paid pursuant to an election under section 453(l)(2)(B)(i) (relating to installment sales of timeshares and residential lots). Under section 453(b)(2)(A), an installment sale of real property held for sale to customers in the ordinary course of business is ineligible for installment sale treatment, since the sale is treated as a "dealer disposition" as defined in section 453(l)(1)(B). Dispositions of timeshares and residential lots are excepted from the dealer disposition definition, however, if the taxpayer elects to have paragraph (3) of section 453(l) apply to any installment obligations which arise from such dispositions. There are conditions attached to the privilege of exercising the election, the only significant condition for purposes of this case being the following: the taxpayer must agree to pay an additional tax, taken into account under section 453(l)(3)(C) as interest paid or accrued during the taxable year. The parties stipulated that there is no dispute that Aqua Sun was in the business of selling residential timeshare units and was entitled to report income from its residential timesharePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011