- 8 - valid basis to deny the benefits of that election in computing the decedent's estate tax. We disagree with Executrix. Whether petitioner is entitled to the benefits of section 2032A requires the determination of several factual issues; consequently, the application of 2032A is not merely computational.3 The ability of Executrix to use section 2032A raises a new issue that was not mentioned in the subject notice of deficiency, the instant pleadings, or the negotiations surrounding the settlement agreement. Indeed, Executrix acknowledges in her memorandum of law that she did not advise respondent's counsel that she (Executrix) might want to perfect her protective election under section 2032A once the parties finally reached an agreement. With this in mind, we refuse to allow Executrix to raise this issue at this time. The agreement to settle this lawsuit, voluntarily entered into, must be given binding effect. It is no answer to say that the need to follow such a course could not have been ascertained until the 3 To qualify for special-use valuation under sec. 2032A, property must satisfy a series of requirements, relating to (1) the nature of the property itself, (2) its use on the date of the decedent's death and during the immediately preceding 8-year period, (3) the relationship between the decedent and the person acquiring the property from the decedent, and (4) the fair market value of the property as compared with the fair market value of the decedent's adjusted gross estate (i.e., the 50 percent and 25 percent tests). See sec. 2032A(b).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011