- 31 - Hewitt v. Commissioner, 109 T.C. 258 (1997) (no substantial compliance found where petitioners failed to obtain an appraisal required by section 1.170A-13, Income Tax Regs. of nonpublicly traded stock that they donated), affd. per curiam 166 F.3d 332 (4th Cir. 1998), with Bond v. Commissioner, 100 T.C. 32 (1993) (substantial compliance with that regulation found where petitioners obtained a qualified appraisal, but did not attach a written report to their return). See also Estate of Bennett v. Commissioner, supra at 72-74 (discussing In re Will of Witz, 406 N.Y.S.2d 671 (Sur. Ct. 1978) (attempted disclaimer treated as in substantial compliance with State statute)). In other cases in which a substantial compliance claim has been raised, we have consistently required "specific, contemporaneous, and incontrovertible evidence of a binding election to accept the tax consequences imposed by the section. We are not at liberty to infer that an election existed when the unequivocal proof required by Congress does not exist." Tipps v. Commissioner, supra at 470-471; Dunavant v. Commissioner , 63 T.C. 316 (1974); see also Young v. Commissioner, 83 T.C. 831, 839 (1984) ("the taxpayer must exhibit in some manner, within the time prescribed by the statute, his unequivocal agreement to accept both the benefits and burdens of the tax treatment afforded by that section."), affd. 783 F.2d 1201 (5th Cir. 1986); Valdes v. Commissioner, 60 T.C. 910, 914-915 (1973). Thus, aPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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