Estate of John W. Clause, Deceased, Thomas Y. Clause, Personal Respresentative - Page 14

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               There is no defense of substantial compliance for failure to           
          comply with the essential requirements of the governing statute.            
          See Tipps v. Commissioner, 74 T.C. 458, 468 (1980); Penn-Dixie              
          Steel Corp. v. Commissioner, 69 T.C. 837, 846 (1978).  As the               
          plain language of section 1042 indicates, the “essence” of the              
          statute is to demand evidence of a binding election to accept the           
          tax consequences imposed by the section.  See Dunavant v.                   
          Commissioner, supra at 320.  Inasmuch as there was nothing on               
          petitioner’s return to inform the IRS that an election was made             
          and nothing on the return indicating that the sale had even                 
          occurred, the essence of a valid election was missing, and the              
          use of the substantial compliance doctrine is insufficient to               
          secure the benefits of section 1042.  Knight-Ridder Newspapers,             
          Inc. v. United States, supra.                                               
               Petitioner argues that we have held that a taxpayer                    
          substantially complied with the requirements for an election even           
          though the taxpayer failed to meet the literal requirements for             
          an election.  See Bond v. Commissioner, 100 T.C. 32 (1993);                 
          Taylor v. Commissioner, 67 T.C. 1071, 1080 (1977); Hewlett-                 
          Packard Co. v. Commissioner, 67 T.C. 736, 748 (1977); Columbia              
          Iron & Metal Co. v. Commissioner, 61 T.C. 5 (1973); Sperapani v.            
          Commissioner, 42 T.C. 308 (1964); Cary v. Commissioner, 41 T.C.             
          214 (1963).  The cases that petitioner cites are inapplicable               
          because, as discussed above, the substantial compliance doctrine            






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