- 4 - amounts from $5,300 to $12,000, and the aggregate face value of the 41 notes amounts to $423,770. The typical note to petitioner has an interest rate of 10 percent and is subject to amortization over 30 years; after 7 years, however, a balloon payment is due for the outstanding principal balance. As of the time of trial, one note was no longer secured by a second deed of trust as a result of a foreclosure on the first deed of trust, one note had been fully repaid, and the remaining 39 notes were outstanding. On his 1995 tax return, petitioner, a cash basis taxpayer, did not use the installment method when recognizing income from his construction business. On his Schedule C, Profit or Loss From Business, petitioner did not include the face value of the promissory notes in his gross receipts because he believed that as a cash basis taxpayer he did not have to report that income until he actually received payment. Additionally, on his 1996 through 1999 tax returns, petitioner did not employ the installment method. On his 1995 through 1999 tax returns, petitioner, however, did report the interest income associated with the promissory notes. Respondent determined that the face value of the promissory notes had to be returned as Schedule C 3(...continued) amortizable over a 30-year period, and secured by a first deed of trust, (2) petitioner financing the next 15 percent of the purchase price, and (3) the purchaser paying the remaining 5 percent out of his own funds. The principal benefit of this arrangement was that the purchaser avoided the cost of private mortgage insurance.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011