- 52 - connection with the sale and not filing a Form 6252 [Installment Sale Income] with their original return.” Section 453(d) permits a taxpayer who has made an installment sale to elect out of the installment method of accounting, which, absent the election, would apply to the sale pursuant to section 453(a). Section 15A.453-1(d)(3)(i), Temporary Income Tax Regs., 46 Fed. Reg. 10718 (Feb. 4, 1981), provides, in pertinent part: A taxpayer who reports an amount realized equal to the selling price including the full face amount of any installment obligation on the tax return filed for the taxable year in which the installment sale occurs will be considered to have made an effective election [out of the installment method] * * * On their 2000 return, Schedule D, petitioners reported two items of long-term capital gain: $631,590 described as “partnership interest” and $16,790 described as “note payments”. Both items were reported as gross sale price offset by zero basis. The $631,590 approximates the $661,774.01 cash payment from Surgicoe to Ms. Moore at the closing of the sale of her LLC membership interest to Surgicoe that was specified in a “Disbursement Authorization” dated July 29, 2000, and signed by the parties to the Surgicoe purchase agreement.17 The $16,790 equals five payments of $3,358.03, the amount of the monthly 17 There is no explanation of the discrepancy between the amount of the cash payment provided in the disbursement authorization and the amount petitioners reported.Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 NextLast modified: November 10, 2007