- 15 - 5. Whether the Result of Concluding That Petitioner Did Not Elect Under Section 469(c)(7) Is Too Harsh Petitioner contends that in deciding whether a taxpayer properly elected, we must consider whether the sanction imposed on the taxpayer for failure to comply would be excessive and out of proportion to the default. Petitioner contends that the result here is harsh and out of proportion to any failure to elect properly. Petitioner cites American Air Filter Co. v. Commissioner, 81 T.C. 709, 719 (1983), to support his contention that we must consider the harshness of the result if we find that he did not elect as he claimed. In American Air Filter Co. v. Commissioner, supra, we considered whether the result was harsh as a factor in deciding whether the taxpayer substantially complied with regulations which stated how to make an election. American Air Filter Co. does not apply here because the issue here is not whether petitioner substantially complied with a regulation. If petitioner did not elect under section 469(c)(7) in 1994 as he contends, then his 1994 and 1995 losses are suspended under section 469(b) as they were in years before 1994, and he may not deduct the rental losses that he incurred in 1994 and 1995. We do not believe that result is harsh or out of proportion to petitioner’s failure to elect.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011