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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011