- 61 - 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 noticePage: 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