-21- 2032(a)(1). Property that has not been distributed, sold, exchanged, or otherwise disposed of within 6 months after the decedent’s death is valued as of the date 6 months after the decedent’s death. Sec. 2032(a)(2). The election to use the alternate valuation date may only be made if it has the effect of decreasing the value of the gross estate and the sum of the estate tax and the generation-skipping transfer tax imposed with respect to decedent’s property. Sec. 2032(c). There is an exception for tax-free reorganizations under section 368(a). Stock exchanged for stock of the same corporation in a tax-free reorganization is not treated as distributed, exchanged, sold, or otherwise disposed of under section 2032(a). Sec. 20.2032-1(c)(1), Estate Tax Regs. Accordingly, the Kohler stock is not treated as disposed of on the date of the reorganization and is not valued as of May 11, 1998, the date of the reorganization, but on the alternate valuation date instead. See sec. 2032(a)(2); sec. 20.2032- 1(c)(1), Estate Tax Regs. 2. Respondent’s Argument That We Should Value Pre- Reorganization Stock Respondent also argues that we should value the pre- reorganization stock, rather than the post-reorganization stock, as of the alternate valuation date. We disagree. Respondent’s argument relies on section 20.2032-1(d), Estate Tax Regs. This regulation addresses the rules for certain types of propertyPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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