L.S. Vines - Page 31

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          are present.  Section 301.9100-3(c)(2), Proced. & Admin. Regs.,             
          plainly states:  “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 [is one to which subdivision (i), (ii), (iii), or (iv)            
          applies].”  (Emphasis added.)  In other words, assuming                     
          subdivision (ii) applies, unusual and compelling circumstances              
          defeat the presumption of prejudice.  Respondent contends that              
          the circumstances surrounding petitioner’s failure to timely file           
          a section 475(f) election were not unusual and compelling and did           
          not actually cause petitioner to fail to timely file the                    
          election.                                                                   
               Respondent points out that the collapse of the technology              
          stocks, the liquidation of petitioner’s trading accounts, and               
          petitioner’s $25 million in losses during the first quarter of              
          taxable year 2000 did not literally prevent petitioner from                 
          making the section 475(f) election.  Respondent further points              
          out that petitioner failed to timely file the section 475(f)                
          election because his accountant was unaware of the election and             
          that ignorance of the law is no excuse.                                     
               We disagree with respondent’s contention that unusual and              
          compelling circumstances are not present in the instant case.               
          The Commissioner has not defined, by regulation or otherwise,               
          unusual or compelling circumstances.  We note that the preamble             






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