- 6 - dispositions, however, are not installment sales; therefore, the gains associated with those dispositions cannot be reported under the installment method. See sec. 453(b)(2)(A). The Parties’ Disagreements Petitioner and respondent disagree over whether petitioner may use the installment method to report income. Before we evaluate whether petitioner is entitled to use the installment method, we deal with petitioner’s assertion at trial that he would have been “lucky” to receive 25 percent of the face value of the promissory notes. Based on the evidence before us, we have found that petitioner received 41 promissory notes (with a total face value of $423,770) secured by second deeds of trust. Petitioner has not introduced any evidence other than his self- serving testimony indicating that the fair market value of the notes was less than the face value. Because petitioner has failed to do so, we conclude that the amount realized includes the total face value of the promissory notes. See Estate of Silverman v. Commissioner, 98 T.C. 54, 61-62 (1992); McShain v. Commissioner, 71 T.C. 998, 1003-1005 (1979); see also Wood v. Commissioner, 338 F.2d 602, 605 (9th Cir. 1964), affg. 41 T.C. 593 (1964); Tokarski v. Commissioner, 87 T.C. 74, 76-77 (1986). Petitioner claims that pursuant to section 453, he is entitled to defer the gain relating to the sale of the 41 homes until the promissory notes are converted into cash. RespondentPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011