Estate of Edward P. Roski, Sr., Deceased, Edward P. Roski, Jr., Executor - Page 13




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          executor does not meet the requirements of IRC 2204 for a                   
          discharge from personal liability.”  Id.                                    
               In a 1993 GLB, the IRS changed its position:                           
                    Advice was requested as to whether the division                   
               would reconsider its position taken in a 1987                          
               memorandum that the Service could not require a bond or                
               lien under I.R.C.  6324A once a personal                              
               representative requested to pay the estate tax in                      
               installments pursuant to I.R.C.  6166 and all the                     
               requirements of section 6166 were met.  Having                         
               reconsidered the issue, we now take the view that the                  
               Service may refuse to grant an extension of time for                   
               payment of estate taxes where the personal                             
               representative refuses to post a bond. [Ed. Note: This                 
               bulletin item changes the position taken in                            
               51.06.00-17, issue 3].                                                 
          IRS General Litigation Bulletin No. 398 (Nov. 1993).                        
               The IRS once again reversed itself in a 1997 GLB:                      
                    Nothing in section 6166 or the regulations                        
               thereunder requires the executor to agree to the                       
               section 6324A lien or to post a section 6165 bond as a                 
               prerequisite to granting an extension of time to pay                   
               estate tax under section 6166. In addition, the                        
               legislative history behind section 6166, as last                       
               amended, indicates that Congress intended to liberalize                
               the extension provisions. S. Rep. No. 938, 94th Cong.,                 
               2d Sess. 18 (1976).  Furthermore, the committee reports                
               specifically state that the section 6324A lien is                      
               elective, and if elected, the lien is in lieu of the                   
               executor’s personal liability and a bond.  See H.R.                    
               Rep. No. 1380, 94th Cong., 2d Sess. 33 (1976); Staff of                
               the Joint Committee on Taxation, 94th Cong., 2d Sess.,                 
               General Explanation of Tax Reform Act of 1976 549                      
               (Comm. Print 1976).                                                    
                    Although we believe the Service should not make a                 
               section 6324A lien or a section 6165 bond a                            
               prerequisite to granting an extension of time to pay                   
               estate tax under section 6166, the Service may require                 
               an executor of an estate to provide security after                     
               granting the section 6166 election.  However, in                       
               situations where the estate's eligibility for section                  






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