- 43 - 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).Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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