- 4 - On February 18, 1997, through a sales representative of South Trust, petitioner made purchases of securities issued by domestic corporations, totaling $1,399,775, which satisfied the requirements of section 1042(c)(4) to be “qualified replacement property”. All but approximately $120,000 of the proceeds was thus reinvested in qualified replacement property. On or before April 15, 1997, petitioner timely filed his 1996 Federal tax return (original tax return) but did not report the sale of stock, in any manner, on the tax return. Further, the original tax return did not include a statement of election pursuant to section 1042, a statement from the company consenting to the application of sections 4978 and 4979A, or a statement of petitioner’s purchase of qualified replacement property with the proceeds of the stock sale to the ESOP. Petitioner did not request an extension of time to file the original tax return. On January 12, 1999, after respondent began an examination of the original tax return with regard to the stock sale, petitioner signed a Form 2848, Power of Attorney and Declaration of Representative, appointing Mr. Midcap and certain associates from Mr. Midcap’s practice as petitioner’s representatives with regard to the examination. On November 28, 2000, respondent received petitioner’s amended Federal tax return for 1996 (amended tax return). On the amended tax return, petitioner reported the portion of the gainPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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