- 17 - 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.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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