- 5 - for the taxable year of the sale. Sec. 453(d)(2). One method by which a taxpayer makes the election is to report the full amount realized on the sale on his income tax return filed for the taxable year of the sale. Sec. 15A.453-1(d)(3)(i), Temporary Income Tax Regs., 46 Fed. Reg. 10718 (Feb. 4, 1981). Once made, an election cannot be revoked without the consent of the Secretary. Sec. 453(d)(3). Petitioner concedes that she reported the full amount realized from the sale of her residence on her 1995 tax return. She argues, however, that this was not a valid election out of the installment method because her return was not timely filed, thereby causing the election to be invalid under section 453(d)(2). Generally, a tax return is filed on the date it is received by the Internal Revenue Service (IRS). However, if a tax return meets the requirements of section 7502, the return will be deemed to have been filed on the date it was postmarked, even if it is received by the IRS after its due date. The following requirements apply to documents which are mailed in envelopes with private post meter postmarks: If the postmark on the envelope * * * is made other than by the United States Post Office, (1) the postmark so made must bear a date on or before the last date * * * prescribed for filing the document, and (2) the document must be received * * * not later than the time when a document contained in an envelope * * * which is properly addressed and mailed and sent by the same class of mail would ordinarily be received if itPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011