Estate of Rebecca A. Wineman - Page 51




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          2032A(e)(7), the executor, by default, has elected to use the               
          valuation formula of section 2032A(e)(8).  See id.; see also                
          Estate of Strickland v. Commissioner, 92 T.C. at 32.  The                   
          regulation, by its terms, makes the election to use section                 
          2032A(e)(8) automatic if the executor elects special use                    
          valuation but fails to identify the comparable properties and               
          cash rentals necessary to calculate a property’s special use                
          value under section 2032A(e)(7).                                            
               On brief, respondent does not address the plain language of            
          the regulation.  Instead, respondent argues that allowing                   
          petitioner to value the properties under a different method of              
          election than originally elected should be precluded, as it would           
          purportedly encourage other taxpayers to play the audit lottery.            
          Respondent also asserts that the default election is foreclosed             
          by case law.                                                                
               We fail to see how allowing an estate to use the special use           
          method of section 2032A(e)(8) encourages the so-called audit                
          lottery.  Cf. Rev. Rul. 83-115, 1983-2 C.B. 155 (an executor may            
          change the method of special use valuation after the election has           
          been made); see also Estate of Rogers v. Commissioner, T.C. Memo.           
          2000-133.  This is particularly true where the Secretary has                
          promulgated a regulation making the election automatic.  The                
          Secretary chose to craft the regulation in a taxpayer-friendly              
          fashion.  Given the purpose of section 2032A, we cannot say that            





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