Richard D. Hohenstein - Page 9

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          period, entailing the imposition of additional estate tax under             
          section 2032A(c).                                                           
               Section 2032A(c)(1), which imposes the recapture tax, is as            
          follows:                                                                    
                    (1) Imposition of additional estate tax.--If,                     
               within 10 years after the decedent's death and before                  
               the death of the qualified heir--                                      
                         (A) the qualified heir disposes of any                       
                    interest in qualified real property (other than by                
                    a disposition to a member of his family), or                      
                         (B) the qualified heir ceases to use for the                 
                    qualified use the qualified real property which                   
                    was acquired (or passed) from the decedent, then                  
                    there is hereby imposed an additional estate tax.                 

               The term "qualified use" is defined in section 2032A(b)(2)             
          as follows:                                                                 
                    (2) Qualified use.--For purposes of this section,                 
               the term qualified use means the devotion of the                       
               property to any of the following:                                      
                         (A) use as a farm for farming purposes, or                   
                         (B) use in a trade or business other than the                
                    trade or business of farming.                                     
               Cessation of qualified use as provided in section                      
          2032A(c)(1)(B) is amplified in section 2032A(c)(6):                         
                    (6) Cessation of qualified use.--For purposes of                  
               paragraph (1)(B), real property shall cease to be used                 
               for the qualified use if--                                             
                         (A) such property ceases to be used for the                  
                    qualified use set forth in subparagraph (A) or (B)                
                    of subsection (b)(2) under which the property                     
                    qualified under subsection (b), or                                






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