7
* * * * * * *
(2) Estate and Gift Taxes.--In the case of a return of
estate tax under chapter 11 or return of gift tax under
chapter 12, if the taxpayer omits from the gross estate or
from the total amount of the gifts made during the period
for which the return was filed items includible in such
gross estate or such total gifts, as the case may be, as
exceed in amount 25 percent of the gross estate stated in
the return or the total amount of gifts stated in the
return, the tax may be assessed, or a proceeding in court
for the collection of such tax may be begun without
assessment, at any time within 6 years after the return was
filed. In determining the items omitted from the gross
estate or the total gifts, there shall not be taken into
account any item which is omitted from the gross estate or
from the total gifts stated in the return if such item is
disclosed in the return, or in a statement attached to the
return, in a manner adequate to apprise the Secretary of the
nature and amount of such item.
The corresponding regulations are of like import. See sec.
301.6501(e)-1(a) and (b), Proced. & Admin. Regs.
Although no estate tax cases have been found interpreting
section 6501(e)(2) of the code,2 an examination of section
6501(e)(1) and (2) shows that the two are in pari materia in
dealing with the same subject--the application of the statute of
limitations--and, accordingly, we may give due consideration to
income tax cases in deciding estate tax cases on this same
subject.
2 Only two gift tax cases have been found: Daniels v.
Commissioner, T.C. Memo. 1994-591 (involving facts not relevant
here), and Estate of Robinson v. Commissioner, 101 T.C. 499, 516
(1993), where the Court emphasized that the 6-year statute of
limitations would not be applied when the return was sufficient
to apprise the service of the nature and amount of the omitted
item.
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