Estate of Rebecca A. Wineman - Page 42




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          computation of special use valuation was inadequate because the             
          documentation submitted did not identify “specific comparable               
          rentals and taxes for five years prior to date of death, arms               
          length transactions to determine the net rents” as required by              
          section 20.2032A-4, Estate Tax Regs.  Ms. Hiles’ notification,              
          however, contained no reference to section 2032A(e)(8) and did              
          not identify any deficiencies with respect to the requirements of           
          section 2032A(e)(8).  On December 12, 1995, petitioner submitted            
          additional documentation (hereinafter Exhibit 13-M) through its             
          appraisal firm, Reeder, Gilman & Associates.  This additional               
          documentation was received by respondent within the 90-day                  
          curative period provided under section 2032A(d)(3).                         
               On August 6, 1998, Reeder, Gilman & Associates completed an            
          update to its special use valuation report of December 12, 1995             
          (hereinafter Exhibit 29).  Obviously, Exhibit 29 was submitted              
          well beyond the 90-day curative period, which ended on December             
          12, 1995.                                                                   
               Before 1997, the availability of the 90-day curative period            
          depended upon the estate’s substantial compliance with the                  
          regulations.  See Estate of Strickland v. Commissioner, supra at            
          23.  In 1997, Congress deleted the substantial compliance                   
          requirement of section 2032A(d)(3), effective for estates of                
          decedents dying after August 5, 1997.  See Taxpayer Relief Act of           
          1997, Pub. L. 105-34, sec. 1313(a), 111 Stat. 1045.  Despite the            





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