- 59 - nevertheless has taken the position administratively that the required notice and opportunity to cure must be given. The Commissioner’s position is consistent with our own view of section 2032A(d)(3). See Estate of McAlpine v. Commissioner, 96 T.C. at 144, in which we stated with respect to section 2032A(d)(3) and section 20.2032A-8, Estate Tax Regs., that “The fact that the regulation does not contain a provision permitting perfection within 90 days does not, and cannot, nullify the provision permitting perfection in section 2032A(d)(3).”22 In this case, respondent gave the required notice and opportunity to cure to petitioner but only with respect to petitioner’s election under section 2032A(e)(7). Respondent provided no notice of any alleged defects with respect to petitioner’s election under section 2032A(e)(8) and no opportunity to cure the defects within the intendment of section 2032A(d)(3). The first and only notice of a substantive problem with petitioner’s election under section 2032A(e)(8) was provided in respondent’s posttrial brief. 22In general, when Congress requires the Secretary to prescribe regulations implementing taxpayer-friendly statutory provisions and the Secretary has not yet acted, this Court has held that the statute’s operation is not conditioned upon the issuance of regulations. See Hillman v. Commissioner, 114 T.C. 103, 111-112 (2000); Estate of Maddox v. Commissioner, 93 T.C. 228, 233-234 (1989); First Chicago Corp. v. Commissioner, 88 T.C. 663, 676-677 (1987), affd. 842 F.2d 180 (7th Cir. 1988); Occidental Petroleum Corp. v. Commissioner, 82 T.C. 819, 829 (1984).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