L.S. Vines - Page 27

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                    affected by the election than the taxpayer would                  
                    have had if the election had been timely made                     
                    * * *.[16]                                                        
          The interests of the Government are prejudiced if granting                  
          petitioner an extension of time to file the section 475(f)                  
          election would result in petitioner’s having a lower tax                    
          liability than if petitioner had timely filed a section 475(f)              
          election.  The parties have stipulated that between April 17,               
          2000, the date petitioner should have filed his section 475(f)              
          election, and July 21, 2000, the date petitioner actually filed             
          his section 475(f) election, petitioner did not conduct any                 
          trading activities and incurred no further gains or losses.                 
          Accordingly, pursuant to section 301.9100-3(c)(1)(i), Proced. &             
          Admin. Regs., there is no prejudice in the instant case because             
          granting petitioner an extension of time to file his section                
          475(f) election does not result in petitioner’s having a lower              
          tax liability than he would have had if he had timely filed the             
          election.                                                                   
               Respondent contends, however, that prejudice is presumed               
          because of the special rules for accounting method regulatory               

               16The interests of the Government are also prejudiced if the           
          taxable year in which the regulatory election should have been              
          made, or any taxable years that would have been affected by the             
          election had it been timely made, are closed by the period of               
          limitations on assessment under sec. 6501 before the taxpayer is            
          granted 9100 relief.  Sec. 301.9100-3(c)(1)(ii), Proced. & Admin.           
          Regs.  That provision is not a prohibition in the instant case,             
          as the limitations periods for all taxable years affected by the            
          election remain open.                                                       





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