- 11 - stock on the date of disposition was $9,2576, and petitioner would have a realized and recognized capital gain of $30,743 under section 1001 for 2001. However, since petitioner received a payment of $8,000 from Mr. Taylor in 2001, and a payment of $20,000 in 2002, the amount of income petitioner must take into account for 2001 from the sale of his shares of Edgington Mullins stock should be computed under the installment method as described herein.7 C. Addition to Tax 1. Failure To File Under Section 6651(a)(1) Generally, income tax returns made on the basis of the calendar year must be filed on or before the 15th day of April following the close of the calendar year. Sec. 6072(a). Section 6651(a)(1) imposes an addition to tax for a taxpayer’s failure to file a required return on or before the specified filing due date, including extensions. The amount of the addition is equal to 5 percent of the tax required to be shown on the return if the 6 Petitioner’s Schedule K-1, which was prepared on the basis that petitioner was a 50-percent shareholder for the entire taxable year 2001, reflected a stock basis at the end of 2001 of $7,525. In Respondent’s Memorandum of Authorities, filed posttrial on Nov. 16, 2004, respondent conceded that petitioner had a basis in his shares of Edgington Mullins stock of $9,257 on the date of sale. 7 A Rule 155 computation will be required in order to calculate the (1) pro rata share of petitioner’s S corporation income and (2) the gain or loss from the sale of his interest in the S corporation.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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