- 42 - 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 thePage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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