- 5 - gross receipts in petitioner’s 1995 tax return. OPINION Realization and Recognition of Income Section 1001(a) provides that the gain realized from the sale of property shall be the excess of the amount realized over the adjusted basis. The amount realized consists of “the sum of any money received plus the fair market value of the property (other than money) received.” Sec. 1001(b). If the taxpayer has a realized gain (after the calculations of the amount realized and adjusted basis), the taxpayer must generally recognize the entire gain as income. See sec. 1001(c). The tax law, however, provides that for certain sales of property the taxpayer can use the installment method to defer recognition of income. See secs. 451(a), 453, 1001(c). Under section 453(a), a taxpayer can use the installment method only if there has been an installment sale. An installment sale is a “disposition of property where at least 1 payment is to be received after the close of the taxable year in which the disposition occurs.” Sec. 453(b)(1). Using the installment method, the taxpayer recognizes a proportion of the payment received in any given year commensurate with the percentage that the gross profit bears to the total contract price. See sec. 453(c); Wang v. Commissioner, T.C. Memo 1998- 127; Berger v. Commissioner, T.C. Memo. 1996-76. DealerPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011