- 51 - 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 thatPage: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
Last modified: May 25, 2011