- 13 - According to the regulation, the election is to be made in the form of statements attached to the return. Not only did petitioner’s return for the year of sale fail to include such statements, it reported none of the information required to be provided in such statements. Indeed, the return made no mention of the sale at all. The Commissioner must be notified in some manner of a taxpayer’s intentions to elect the benefit of section 1042 in order to facilitate the Commissioner’s duty to ensure compliance with the tax laws and minimize disputes between taxpayers and the Internal Revenue Service. Knight-Ridder Newspapers, Inc. v. United States, 743 F.2d 781, 795 (11th Cir. 1984); Young v. Commissioner, 83 T.C. 831, 841 (1984), affd. 783 F.2d 1201 (5th Cir. 1986). As we stated in Dunavant v. Commissioner, 63 T.C. 316, 320 (1974): “We are not at liberty to infer that an election existed when the unequivocal proof required by Congress does not exist.” Petitioner did not alert respondent to the intended “election” under section 1042 until respondent received the amended tax return on November 28, 2000, over 3 years after the due date of the original tax return. 3(...continued) filed the original tax return on or before Apr. 15, 1997. Petitioner’s first amended tax return was not received by respondent until Nov. 28, 2000. We conclude that petitioner did not take the appropriate corrective action in order to receive an automatic extension of time for filing the election under sec. 1042.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011