Richard Alan Cronk - Page 6

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          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.                                               




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