- 31 - 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 preamblePage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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