Estate of Helen G. Williamson - Page 7

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                    (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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