Estate of Theodore J. Chamberlain - Page 31




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          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, a               





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