122 T.C. No. 5 UNITED STATES TAX COURT ESTATE OF JOHN W. CLAUSE, DECEASED, THOMAS Y. CLAUSE, PERSONAL REPRESENTATIVE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 12995-01. Filed February 9, 2004. P, prior to his death, sold all of his shares in C to C’s employee stock ownership plan in 1996. P purchased qualified replacement property with most of the proceeds from the sale within a year of the sale. P’s 1996 original Federal tax return was filed timely (i.e., on or before Apr. 15, 1997) and did not report the transaction. On Nov. 28, 2000, after R began examining P’s original tax return for 1996, P filed an amended Federal tax return for 1996 indicating to R that certain proceeds from the sale had been reinvested in qualified replacement property. On Oct. 17, 2001, R received a second Federal tax return for 1996 from P that attached certain statements of election pursuant to I.R.C. sec. 1042 regarding the sale in 1996. Held: P is not able to defer recognition of the gain that resulted from the sale because P failed to elect such treatment as required by I.R.C. sec. 1042.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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