Robert W. and Janet L. Carlson - Page 5




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                                     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 timeshare            








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