- 12 - with respect to an estate (or with respect to any property included therein), upon the filing of an appropriate pleading, the Tax Court may make a declaration with respect to whether such election may be made or whether such extension has ceased to apply. Any such declaration shall have the force and effect of a decision of the Tax Court and shall be reviewable as such. II. Evolution of the Commissioner’s Position The Commissioner has changed his position regarding whether a bond is required for a section 6166 election four times over the last 15 years. In a 1987 IRS General Litigation Bulletin (GLB),4 the Internal Revenue Service (IRS) posed the question “Is a bond or notice of lien required only if the personal representative seeks discharge from personal liability for the estate tax?” IRS General Litigation Bulletin No. 323 (Aug. 1987). The Commissioner’s answer was that “An estate executor may elect to extend the time for payment of the estate tax under IRC 6166 without either posting bond, or obtaining agreement to the creation of an IRC 6324A lien. If neither is done, however, the 4Although General Litigation Bulletins are not precedent, sec. 6110(k)(3), they “‘do reveal the interpretation put upon the statute by the agency charged with the responsibility of administering the revenue laws’”, Thurman v. Commissioner, T.C. Memo. 1998-233 (quoting Hanover Bank v. Commissioner, 369 U.S. 672, 686 (1962)).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007