Sec. 1.171-4 Election to amortize bond premium on taxable bonds.
(a) Time and manner of making the election.
(1) In general.
A holder makes the election to amortize bond premium by offsetting interest income with bond premium in the holder's timely filed federal income tax return for the first taxable year to which the holder desires the election to apply. The holder should attach to the return a statement that the holder is making the election under this section.
(2) Coordination with OID election.
If a holder makes an election under section 1.1272-3 for a bond with bond premium, the holder is deemed to have made the election under this section.
(b) Scope of election.
The election under this section applies to all taxable bonds held during or after the taxable year for which the election is made.
(c) Election to amortize made in a subsequent taxable year.
(1) In general.
If a holder elects to amortize bond premium and holds a taxable bond acquired before the taxable year for which the election is made, the holder may not amortize amounts that would have been amortized in prior taxable years had an election been in effect for those prior years.
(2) Example.
The following example illustrates the rule of this paragraph (c):
Example.-
(i) Facts. On May 1, 1999, C purchases for $130,000 a taxable bond maturing on May 1, 2006, with a stated principal amount of $100,000, payable at maturity. The bond provides for unconditional payments of interest of $15,000, payable on May 1 of each year. C uses the cash receipts and disbursements method of accounting and the calendar year as its taxable year. C has not previously elected to amortize bond premium, but does so for 2002.
(ii) Amount to amortize. C's basis for determining loss on the sale or exchange of the bond is $130,000. Thus, under section 1.171-1, the amount of bond premium is $30,000. Under section 1.171-2, if a bond premium election were in effect for the prior taxable years, C would have amortized $3,257.44 of bond premium on May 1, 2000, and $3,551.68 of bond premium on May 1, 2001, based on annual accrual periods ending on May 1. Thus, for 2002 and future years to which the election applies, C may amortize only $23,190.88 ($30,000 - $3,257.44 - $3,551.68).
(d) Revocation of election.
The election under this section may not be revoked unless approved by the Commissioner. Because a revocation of the election is a change in accounting method, a taxpayer must follow the rules under section 1.446-1(e)(3)(i) to request the Commissioner's consent to revoke the election. A revocation of the election applies to all taxable bonds held during or after the taxable year for which the revocation is effective. The holder may not amortize any remaining bond premium on bonds held at the beginning of the taxable year for which the revocation is effective. Therefore, no adjustment under section 481 is allowed upon the revocation of the election because no items of income or deduction are omitted or duplicated.
[Adopted by T.D. 6278, 22 FR 9880, Dec. 11, 1957; republished y T.D. 6500, 25 FR 11402, Nov. 26, 1960. Revised by T.D. 8746, 62 FR 68173-68183, Dec. 31, 1997.]
