Barry E. Moore and Deborah E. Moore - Page 52




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          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.                          





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