Estate of John W. Clause, Deceased, Thomas Y. Clause, Personal Respresentative - Page 12

                                       - 12 -                                         
                    (c) If the taxpayer has not purchased qualified                   
               replacement property at the time of the filing of the                  
               statement of election, a timely election under this Q&A                
               shall not be considered to have been made unless the                   
               taxpayer attaches the notarized statement of purchase                  
               described above to the taxpayer’s income tax return filed              
               for the taxable year following the year for which the                  
               election under section 1042(a) was made.  Such notarized               
               statement of purchase shall be filed with the district                 
               director or the director of the regional service center with           
               whom such election was originally filed, if the return is              
               not filed with such director.                                          
          Sec. 1.1042-1T, A-2, Q&A-3, 51 Fed. Reg. 4334 (Feb. 4, 1986).               
               Having not literally complied with the election requirements           
          in the statute and the regulation, petitioner argues that he                
          substantially complied with the requirements of section 1042 and            
          should, therefore, receive the benefits of the section because              
          the failure to file the elections was “purely administrative in             
          nature”.  We disagree.                                                      
               Section 1042 requires that an election, in the form                    
          prescribed by the Secretary, be made by the due date (including             
          extensions) for filing the return for the year of the sale.3                

               3  We note that, in certain circumstances, the Commissioner            
          may grant an extension of time to make an election.  If the                 
          taxpayer has not filed a request for an extension, an automatic             
          extension of 6 months from the due date of the original tax                 
          return may be granted if the taxpayer has taken corrective action           
          within the 6-month extension period.  Sec. 301.9100-2T(b),                  
          Temporary Proced. & Admin. Regs., 61 Fed. Reg. 33368 (June 27,              
          1996).  As relevant here, “corrective action” is defined as                 
          “filing an original or an amended return for the year the                   
          regulatory or statutory election should have been made and                  
          attaching the appropriate form or statement for making the                  
          election.”  Sec. 301.9100-2T(c), Temporary Proced. & Admin.                 
          Regs., 61 Fed. Reg. 33368 (June 27, 1996).  Petitioner timely               
                                                             (continued...)           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011