Estate of Rebecca A. Wineman - Page 61




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               In this case, petitioner had no notice that respondent was             
          challenging the adequacy of petitioner’s election under section             
          2032A(e)(8) (as opposed to whether petitioner had elected special           
          use valuation under section 2032A(e)(8)) before the filing of               
          respondent’s posttrial brief.  When respondent’s estate tax                 
          auditor, Ms. Hiles, informed petitioner that its special use                
          valuation election was being disallowed, she provided information           
          that was pertinent only to section 2032A(e)(7).  She did not                
          provide information on how petitioner could satisfy the                     
          requirements of section 2032A(e)(8).  The notice of deficiency              
          was equally uninformative with respect to the section 2032A(e)(8)           
          requirements, merely stating that petitioner had failed to make             
          an effective and timely election to value the properties in                 
          accordance with the provisions of section 2032A.  At no point               
          before the filing of respondent’s posttrial brief was petitioner            
          given any notice that respondent intended to raise the                      
          requirements of section 2032A(e)(8) as a bar to petitioner’s                
          election.  Until his posttrial brief was filed, respondent argued           
          only that petitioner had not made any election under section                
          2032A(e)(8); respondent did not contend that the election, if               
          made, was inadequate.  Since respondent did not give any notice             
          to petitioner regarding his challenge to petitioner’s special use           
          valuation under section 2032A(e)(8) on its merits until                     
          respondent’s posttrial brief was filed, petitioner had no notice            





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