Edward C. Tietig - Page 17




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          note.  The Mortgage Deed provided for random releases upon the              
          payment of $3,300 principal plus accrued interest.  Absent from             
          the Mortgage Deed and the note is any mention of County Bank.               
          Thus, we conclude that when the transaction was structured and              
          executed, it was not contingent upon County Bank’s reducing                 
          petitioner’s debt by $174,900.                                              
               The agreement was dated December 31, 1990.  Therefore, the             
          sale was made in 1990, and Farm & Grove must recognize income               
          from the sale in 1990.20                                                    
               Petitioner’s second timing argument is that the sale should            
          be recognized under the installment method provided under section           
          453.  For Federal income tax purposes, gain from qualifying                 
          installment sales of property can be reported under the                     
          installment method subject to certain exceptions.  Sec.                     
          453(a)(1).  Dealer dispositions are excepted from the definition            
          of “installment sale” by section 453(b)(2)(A).  A dealer                    
          disposition includes any disposition of real property which is              
          held by the taxpayer for sale to customers in the ordinary course           
          of the taxpayer’s business.  Sec. 453(l)(1)(B).                             
               Petitioner does not dispute that Farm & Grove was engaged in           
          the trade or business of selling real estate.  However,                     



               20Farm & Grove did not report any gain from the sale of the            
          equitable interest in the 53 lots to the partnership on its 1990            
          Form 1120S, U.S. Income Tax Return for an S Corporation.                    





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