- 10 - the estate tax return. Petitioner, however, asserts that respondent has discretionary authority under Rev. Proc. 92-85, 1992-2 C.B. 490,12 to allow the executor to make an untimely election to use the alternate valuation date. We disagree. Rev. Proc. 92-85, supra, applies, inter alia, "to extensions of time when a statute provides that an election be made by the due date of the taxpayer's return or the due date of the taxpayer's return including extensions."13 However, the date of expiration of the 1-year period of grace after the "time prescribed by law (including extensions) for filing * * * [the estate tax] return" is not the due date of the taxpayer's return or the due date of the taxpayer's return including extensions. 12Rev. Proc. 92-85, 1992-2 C.B. 490, was amended by Rev. Proc. 93-28, 1993-2 C.B. 344. These revenue procedures were made obsolete by secs. 301.9100-1T through 301.9100-3T, Temporary Proced. & Admin. Regs., 61 Fed. Reg. 33365 (June 27, 1996), which adopted and revised the standards of granting relief stated in Rev. Proc. 92-85, supra. See T.D. 8680, 61 Fed. Reg. 33365, 33366 (June 27, 1996) (Explanation of Provisions). The temporary regulations were effective for all requests for relief under consideration by the IRS on June 27, 1996, and for all requests for relief submitted on or after June 27, 1996. See sec. 301.9100-1T(h), Temporary Proced. & Admin. Regs., 61 Fed. Reg. 33368 (June 27, 1996). Secs. 301.9100-1 through 301.9100-3, Proced. & Admin. Regs. (the final regulations), apply to all requests for an extension of time submitted to the IRS on or after the effective date, Dec. 31, 1997. See sec. 301.9100- 1(e), Proced. & Admin. Regs. The final regulations adopted with no significant change the provisions of the temporary regulations (and Rev. Proc. 92-85, supra) relevant to the issue in the instant case. See id. 13See also sec. 301.9100-1T(d), Temporary Proced. & Admin. Regs., 61 Fed. Reg. 33367 (June 27, 1996) (same); sec. 301.9100- 1(a), Proced. & Admin. Regs. (same).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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