- 10 - S corporation during the year. Since petitioner held his shares of Edgington Mullins stock as a capital asset, any gain or loss from the sale of the shares will be characterized as a capital gain or loss. See sec. 1221. A taxpayer must generally recognize the entire amount of the realized gain or loss. Sec. 1001(c). However, where there was an “installment sale”, a taxpayer can use the installment method to defer recognition of income.4 See sec. 453. An installment sale is a “disposition of property where at least 1 payment is to be received after the close of the taxable year in which the disposition occurs”. Sec. 453(b)(1). Under the installment method, a taxpayer recognizes a proportion of the payment received in any given year commensurate with the percentage that the gross profit bears to the total contract price. Sec. 453(c); Raymond v. Commissioner, T.C. Memo. 2001-96. As discussed herein, petitioner sold his shares of Edgington Mullins stock on October 26, 2001, for a total of $40,000.5 Petitioner’s adjusted basis in his shares of Edgington Mullins 4 Generally, income from an installment sale is determined under the installment method unless a taxpayer elects out of the installment method. Sec. 453(d). 5 The total sales price was later reduced in taxable year 2002 to $28,000 when petitioner agreed to accept a payment of $20,000 for the $32,000 still owed him under the stock purchase agreement.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011