- 58 - (1) Petitioner failed to satisfy the requirements of section 2032A(e)(7) and section 20.2032A-4, Estate Tax Regs.; (2) petitioner failed to elect special use valuation under section 2032A(e)(8); and (3) even if petitioner is deemed to have elected special use valuation under section 2032A(e)(8), petitioner failed to comply substantially with its requirements at the time its election was made and therefore was not entitled to notice and an opportunity to cure under section 2032A(d)(3). In respondent’s posttrial brief, respondent now concedes that substantial compliance is no longer an issue but asserts a new argument, that petitioner has not met the requirements of section 2032A(e)(8) because petitioner has not introduced evidence on each of the five factors. We reject respondent’s substantive challenge to petitioner’s section 2032A(e)(8) election because respondent failed to give petitioner the notice and opportunity to cure its election under section 2032A(e)(8) as required by section 2032A(d)(3). Section 2032A(d)(3) requires the Commissioner to prescribe procedures to ensure that (1) an electing estate is given notice of defects in its special use election and (2) an estate is given the opportunity to cure a defective election by providing missing information. Although the Commissioner has not yet prescribed the procedures required by section 2032A(d)(3), the CommissionerPage: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
Last modified: May 25, 2011