- 5 - amount.2 Petitioner, in the meantime, filed a timely petition with the Court. With respect to series E U.S. savings bonds, section 454(a) allows a cash-basis taxpayer/owner of such bonds for whom the entire interest is includable in income at the maturity of the bonds to elect to treat the annual interest as income. An “election” is effected simply by including the interest as income on a tax return, and that election is binding for all subsequent years. If no election is made, the interest accumulates, and, when the bonds mature, the accumulated interest is taxable in the year the bonds mature or are redeemed. In this case, because petitioner’s mother did not file income tax returns, no election was made under section 454(a); therefore, when petitioner redeemed the bonds in 2001, the accrued interest was includable in income for that year. Petitioner does not dispute that the interest is includable in income. Petitioner’s motive in having the interest taxable to his mother’s estate is obvious. If the interest is taxed as her 2A copy of the return was not offered into evidence. Petitioner did not explain how he arrived at the $11,598 tax liability shown on the return; however, it appears that the check tracks the deficiency determined in the notice of deficiency as well as the addition to tax and penalty plus an additional amount the Court assumes was interest. Counsel for respondent agreed that petitioner had sent a check for that amount but did not explain why the payment was not returned to petitioner. The decision in this case will presumably determine the disposition of those funds by respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011