Estate of Rebecca A. Wineman - Page 58




                                       - 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 Commissioner            





Page:  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