Estate of Rebecca A. Wineman - Page 43




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          effective date, respondent concedes on brief that the amended               
          statute is applicable to petitioner.18                                      
               There is no dispute that petitioner timely submitted the               
          recapture agreement described in section 2032A(d)(2).  Because              
          Congress deleted the requirement of substantial compliance in               
          1997, and respondent has now conceded the amendment’s retroactive           
          application to petitioner, the only remaining requirement for               
          curative information is that it be timely submitted after notice            
          of defect has been given.  Here, there is no dispute that Exhibit           
          13-M was timely.  Thus, we must deny respondent’s motion with               
          respect to that exhibit because it bears directly upon the issue            
          of whether a valid section 2032A election was made.  With respect           
          to Exhibit 29, however, this information was clearly submitted              
          well beyond the 90-day period allowed by statute.  But since the            
          notification provided pursuant to section 2032A(d)(3) did not               
          identify any deficiencies in petitioner’s election as it relates            
          to section 2032A(e)(8), the 90-day curative period with respect             
          to section 2032A(e)(8) has not commenced and, consequently, does            
          not foreclose submission of additional material arguably relevant           
          to the section 2032A(e)(8) requirements.  For these reasons,                




               18Congress intended that, “with respect to technically                 
          defective 2032A elections made prior to the date of enactment,              
          prior law should be applied in a manner consistent with the                 
          provision.”  H. Conf. Rept. 105-220, at 720 (1997).                         





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