University of Maryland Francis King Carey School of Law DigitalCommons@UM Carey Law Faculty Scholarship Francis King Carey School of Law Faculty 4-1-1981 Open Transaction Treatment for Deferred Payment Sales After the Installment Sales Act of 1980 Daniel S. Goldberg University of Maryland School of Law,
[email protected] Follow this and additional works at: https://digitalcommons.law.umaryland.edu/fac_pubs Part of the Tax Law Commons Digital Commons Citation Goldberg, Daniel S., "Open Transaction Treatment for Deferred Payment Sales After the Installment Sales Act of 1980" (1981). Faculty Scholarship. 405. https://digitalcommons.law.umaryland.edu/fac_pubs/405 This Article is brought to you for free and open access by the Francis King Carey School of Law Faculty at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact
[email protected]. OPEN TRANSACTION TREATMENT 605 OPEN TRANSACTION TREATMENT FOR DEFERRED PAYMENT SALES AFTER THE INSTALLMENT SALES ACT OF 1980 Daniel S. Goldberg* When a taxpayer sells property for a promise of future payment, it is normally to his advantage to defer any gain realized on the sale. Section 453 of the Internal Revenue Code1 permits a seller of property in an installment sale to postpone recognition of gain until he has received payments from the purchaser, and then he need only recognize gain ratably as payments are received. In some instances, however, a seller may seek even greater deferral of gain than is provided by section 453 under so-called "open transaction" treatment.