Estate of Edward H. Eddy - Page 10




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          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).                                        





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