Matti Kosonen - Page 14




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          Regs., supra; 1994 Instructions for Form 1040 and Schedules A, B,             
          C, D, E, F, and SE, at E-3.  Thus, petitioner’s 1994 return did               
          not give respondent clear notice that he was electing to treat                
          all of his rental real estate activities as one activity under                
          section 469(c)(7).                                                            
               3.   Whether Petitioner’s Intention To Elect Under Section               
                    469(c)(7) Establishes That He Did So                                
               Petitioner contends that he intended to elect under section              
          469(c)(7), and that we should take his intent into account in                 
          deciding whether he did so.  We disagree.  See Young v.                       
          Commissioner, 783 F.2d at 1206 (taxpayer’s intent is irrelevant               
          to making an election).                                                       
               4.   Whether the Lack of Guidance on How To Elect Under                  
                    Section 469(c)(7) Excuses Petitioner From Clearly                   
                    Notifying Respondent That He Wanted To Elect                        
               Petitioner points out that, when he filed his 1994 return,               
          the Commissioner had issued no guidance (other than proposed                  
          regulations) about how to elect under section 469(c)(7) and                   
          contends that, as a result, his return satisfied the election                 
          requirement.  We disagree.  The lack of guidance does not                     
          eliminate the statutory requirement to elect.  See Young v.                   
          Commissioner, 783 F.2d at 1206 (the statute requires a binding                
          election with or without regulations).  In any event,                         
          petitioner’s argument would not excuse his failure to elect for               
          1995 because the regulations were adopted in final form well                  
          before his 1995 return was due.                                               





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