- 25 - $3,000 capital loss limitation. The taxpayers in Lehrer are the classic example of taxpayers who seek to use the benefit of hindsight.15 The taxpayers sought retroactively to convert their capital losses into ordinary losses several years later, with continued trading in the interim, in order to escape a deficiency and a section 6662 accuracy-related penalty. Lehrer stands in marked contrast to the instant case, where petitioner filed his election in the tax year it should have been filed, only a matter of months after the due date under the revenue procedure, with no trading in the interim, and no accuracy-related penalty was determined. In sum, we hold that petitioner did not use hindsight in requesting relief and that he acted reasonably and in good faith. Respondent contends that the interests of the Government are deemed prejudiced pursuant to section 301.9100-3(c)(2), Proced. & Admin. Regs., which provides in pertinent part as follows: (2) Special rules for accounting method regulatory elections.-- The interests of the Government are deemed to be prejudiced except in unusual and compelling circumstances if the accounting method regulatory election for which relief is requested– (i) Is subject to the procedure described in �1.4461(e)(3)(i) of this chapter (requiring the advance written consent of the Commissioner); 15The taxpayers in Lehrer v. Commissioner, T.C. Memo. 2005- 167, did not raise the issue of sec. 9100 relief. We held that the taxpayers failed to file within the time prescribed by Rev. Proc. 99-17, supra.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011