- 17 - business. Sec. 475(f)(1)(A). A taxpayer must elect the provision, however, no later than the due date (without regard to extensions) for the return for the year immediately preceding the election year. Rev. Proc. 99-17, sec. 5.03, 1999-1 C.B. 503, 504; Lehrer v. Commissioner, T.C. Memo. 2005-167; see also Knish v. Commissioner, T.C. Memo. 2006-268. Petitioner admits that he has made no such election at any time. Even if we were to treat petitioner's averments in this proceeding as an attempt to elect section 475(f) notwithstanding the requirements of Rev. Proc. 99- 17, supra, such an election, coming almost 5 years after the close of the year at issue, would give petitioner an impermissible benefit of hindsight. Compare Vines v. Commissioner, 126 T.C. 279 (2006)(3-month-late section 475(f) election permitted under section 301.9100-3, Proced. & Admin. Regs., where taxpayer made no securities trades between election's due date and its actual filing), with Knish v. Commissioner, supra (6-month-late section 475(f) election made on Form 3115, Application for Change in Accounting Method, was ineffective); Lehrer v. Commissioner, supra (34-month-late section 475(f) election made on amended Tax Court petition was ineffective). In addition to the absence of an election, petitioner presented no evidence beyond his uncorroborated testimony that he was engaged in a trade or business of trading securities.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 10, 2007