Estate of Rebecca A. Wineman - Page 39




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          IV. The Special Use Valuation                                               
               A.   Introduction                                                      
               The last issue for decision concerns petitioner’s election             
          to value the interests in certain ranch properties under section            
          2032A.  On its Form 706, petitioner elected special use valuation           
          for several properties, claiming that it is entitled to the                 
          $750,000 reduction in value for special use under section 2032A.            
          Respondent contends that petitioner may not take advantage of               
          section 2032A because it failed to comply with the statutory and            
          regulatory requirements for an election pursuant to that section.           
               Section 2032A allows an executor to elect to value real                
          property on the basis of its value for farming purposes rather              
          than its fair market value.  See Stovall v. Commissioner, 101               
          T.C. 140, 146 (1993); sec. 20.2032A-3(a), Estate Tax Regs.  A               
          reduction of up to $750,000 is permitted.16  See sec. 2032A(a)(2).          
          Congress enacted the provisions allowing special use valuation              
          with the goal of reducing the estate tax burden on small family             
          farms and businesses, thereby limiting the liquidity problems and           
          forced sales of those businesses, with the ultimate goal of                 
          allowing continued family operation of the qualifying farms and             



               16Sec. 501(b) of the Taxpayer Relief Act of 1997, Pub. L.              
          105-34, 111 Stat. 846, amended sec. 2032A(a) to provide an                  
          adjustment for inflation, effective for estates of decedents                
          dying after Dec. 31, 1997.  As decedent died before the effective           
          date, the adjustment for inflation is not applicable.                       





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