- 41 -
B. Respondent’s Motion in Limine
Respondent sought to exclude two documents pertaining to
petitioner’s section 2032A election by motion in limine. In his
motion, respondent argues that neither document is relevant to
the issue of whether petitioner made a valid section 2032A
election solely because petitioner’s notice of election failed to
comply substantially with the regulations. The Court deferred
ruling on the motion until such time as the exhibits were
introduced. At that time, respondent renewed his objections.
For the reasons that follow, we deny respondent’s motion.
By letter dated September 13, 1995, respondent’s estate tax
attorney, Ms. Hiles, notified the executors that the estate’s
17(...continued)
(A) the executor makes an election under
paragraph (1) within the time prescribed for
filing such election, and
(B) substantially complies with the
regulations prescribed by the Secretary with
respect to such election, but–-
(i) the notice of election, as filed,
does not contain all required information, or
(ii) signatures of 1 or more persons
required to enter into the agreement
described in paragraph (2) are not included
on the agreement as filed, or the agreement
does not contain all required information,
the executor will have a reasonable period of time
(not exceeding 90 days) after notification of such
failures to provide such information or
agreements.
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