Richard D. Hohenstein - Page 8

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          short time, or if they should fail to continue to use the                   
          property for farming or small business purposes, at least for a             
          reasonable period of time after the decedent's death.  See Martin           
          v. Commissioner, 84 T.C. at 626.  To guard against this                     
          occurrence, section 2032A(c)(1) imposes an additional estate tax,           
          which applies in the case of an early disposition of qualified              
          real property to a nonfamily member or an early cessation of the            
          "qualified use".  The qualified heir who receives the property              
          becomes personally liable for the recapture tax unless he                   
          furnishes a bond.  Sec. 2032A(c)(5).  Each person having an                 
          interest in the property is required to consent to the collection           
          of the tax from the property.  Sec. 2032A(d)(2).  Moreover, a               
          special lien arises on the property subject to the election to              
          insure that the additional tax will be collected should a                   
          recapture event occur.  Sec. 6324B.                                         
               There is no question in the instant case that the farm                 
          property at issue was used in a qualified manner on the date of             
          decedent's death; that it passed to petitioner, a qualified heir;           
          that petitioner used the property in the qualified use until the            
          cash leases were executed; and that petitioner materially                   
          participated in the qualified use (farming) from the date of                
          decedent's death until early 1991.  The sole issue presented for            
          our decision is whether petitioner, by virtue of cash leasing the           
          subject property, ceased to use qualified property for its                  
          qualifying use before the expiration of the 10-year post-death              




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