Ivan Irwin, Jr. And Ann Vanston Irwin v. Commissioner of Internal Revenue

GRIFFIN B. BELL, Circuit Judge:

The sole issue for determination on this review of a Tax Court decision is whether the gain realized by appellant taxpayers on the sale of their business is taxable in full in the year of sale. The Tax Court, sustaining the Commissioner of Internal Revenue, held that it was. The taxpayers contend that they were entitled to report the gain on the installment method as provided in § 453(b) (1) (B) of the Internal Revenue Code of 1954. 1 The issue narrows to the question whether taxpayers as sellers lost the right to return the gain on the installment basis by…