- 16 - section 9100 relief to extend the time to make the section 475(f) election. Respondent relies on Rev. Proc. 99-17 sec. 5.03, 1999-1 C.B. 503, 504, which states in pertinent part as follows: SECTION 5. PROCEDURES FOR MAKING THE MARK-TO-MARKET ELECTIONS * * * * * * * .03 Elections effective for a taxable year beginning on or after January 1, 1999. (1) General procedure. * * * for a taxpayer to make a � 475(e) or (f) election that is effective for a taxable year beginning on or after January 1, 1999, the taxpayer must file a statement that satisfies the requirements in section 5.04 of this revenue procedure. The statement must be filed not later than the due date (without regard to extensions) of the original federal income tax return for the taxable year immediately preceding the election year and must be attached either to that return or, if applicable, to a request for an extension of time to file that return. [Emphasis added.] Accordingly, respondent contends that, pursuant to Rev. Proc. 99- 17 sec. 503, petitioner was required to file his section 475(f) election by April 17, 2000, the due date for his 1999 tax return. Petitioner contends that he should be allowed the benefit of section 9100 relief to extend the time to make the section 475(f) election because he acted reasonably and in good faith and the interests of the Government will not be prejudiced.9 9Petitioner also contends that Rev. Proc. 99-17, 1999-1 C.B. 503, is invalid and unlawful because the plain language of sec. (continued...)Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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