Estate of Edward P. Roski, Sr., Deceased, Edward P. Roski, Jr., Executor - Page 14

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               6166 installment treatment is questionable, the Service                
               should rely on the operative provisions of section 6166                
               to deny the election in the first instance.  Memorandum                
               from Chief, Branch 1 (General Litigation) to Ohio                      
               District Counsel, dated October 24, 1997.                              
               IRS General Litigation Bulletin No. 447 (Dec. 1997).                   
               The IRS reversed itself for the third time in 2000:                    
               The Service may require a bond under I.R.C.  6165, but                
               not the special lien under I.R.C.  6324A, as a                        
               prerequisite of granting a section 6166 election.                      
               *      *      *      *      *      *      *                            
               There are no statutory or regulatory provisions under                  
               section 6166 covering the issue of the timing of the                   
               Service's request for security nor is there any case                   
               law.  Since the law in this area is not well settled,                  
               we recommend that the Service take a conservative                      
               approach and establish standards for determining                       
               whether a bond should be a condition to granting the                   
          Chief Counsel Advice (CCA) 200027046 (Apr. 26, 2000) (emphasis              
               Ultimately, the Commissioner did not adhere to the position            
          he took in 2000.  In 2002, the Commissioner modified the Internal           
          Revenue Manual to announce his current position, which, unlike              
          any previous position, adopted a bright-line bond requirement:              
                         The Service requires estates to furnish                      
                    a surety bond as a prerequisite for granting                      
                    the installment payment election. Instead of                      
                    furnishing a surety bond, the estate may                          
                    choose to elect the special lien provided for                     
                    in IRC 6324A that requires the estate to have                     
                    a lien placed on a specific property. This                        
                    property must have a value equal to the total                     

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