L.S. Vines - Page 32

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          to the regulations states:  “What are unusual and compelling                
          circumstances must be decided on a case-by-case basis in light of           
          all applicable facts and circumstances.”  T.D. 8742, 1998-1 C.B.            
          at 390.  We briefly recount the facts of the instant case.                  
          Petitioner suffered a $25 million loss when his trading accounts            
          were liquidated on April 14, 2000, 3 days before the date                   
          prescribed in Rev. Proc. 99-17, supra, for timely filing a                  
          section 475(f) election.  Mr. Pearce, petitioner’s tax adviser              
          who had full knowledge of petitioner’s trading activities and               
          losses and over 30 years of experience as an accountant, was                
          unaware of the section 475(f) election for securities traders.              
          Mr. Sellers, another accountant, was also unaware of the                    
          availability of the section 475(f) election.  As soon as                    
          petitioner learned of the existence of the section 475(f)                   
          election, he promptly employed Caplin & Drysdale to make the                
          section 475(f) election and file a request for section 9100                 
          relief.  Petitioner conducted no further trading activities                 
          between the date he should have filed the election and the date             
          he actually filed the election.  We find the combination of                 
          circumstances in the instant case both unusual and compelling and           
          conclude that the interests of the Government should not be                 
          presumed to be prejudiced even if the parenthetical phrase of               
          section 301.9100-3(c)(2)(ii), Proced. & Admin. Regs., did apply.            







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