- 14 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011