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To satisfy the requirements of section 2032A(d), respondent
must give some meaningful notice of alleged defects and provide
petitioner with the opportunity to cure the defects identified in
the notice before respondent can rely on the defects to
invalidate petitioner’s election. The notice given by respondent
to petitioner before the commencement of this case dealt only
with petitioner’s election under section 2032A(e)(7). While
adequate with respect to petitioner’s election under section
2032A(e)(7), the notice was neither meaningful nor adequate with
respect to petitioner’s election under section 2032A(e)(8) and
section 20.2032A-4(b)(2)(i), Estate Tax Regs.
By amending and broadening the scope of section 2032A(d) on
several occasions,23 Congress has demonstrated its intent to make
the benefits of section 2032A available to deserving estates.
See Estate of Sequeira v. Commissioner, T.C. Memo. 1995-450.
This intent is evidenced by the elimination of the substantial
compliance requirement in section 2032A(d)(3) and by Congress’
continuing direction to the Commissioner to prescribe procedures
by which an estate must be notified of alleged defects in its
special use valuation election and given an opportunity to cure
the defects. See sec. 2032A(d)(3).
23See Taxpayer Relief Act of 1997, Pub. L. 105-34, sec.
1313(a), 111 Stat. 1045; Deficit Reduction Act of 1984, Pub. L.
98-369, sec. 1025(a), 98 Stat. 1030; Economic Recovery Tax Act of
1981, Pub. L. 97-34, sec. 421(j)(3), 95 Stat. 313.
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