- 18 - substantive requirements of the election. To support his argument, respondent cites the legislative history of section 7479, which states: If the Commissioner determines that an estate was not initially eligible for deferral under section 6166, or has lost its eligibility for such deferral, the estate is required to pay the full amount of estate taxes asserted by the Commissioner as being owed in order to obtain judicial review of the Commissioner's determination. H. Rept. 105-148, supra at 358, 1997-4 C.B. (Vol. 1) at 680. Respondent argues that this language tracks the language in section 7479 that grants the Tax Court jurisdiction to issue declaratory judgments as to whether an election “may be made” or has “ceased to apply”. Sec. 7479(a). Respondent focuses on section 6166(a) and (g), which provides that an executor “may elect” to pay the tax in installments and that if certain conditions occur, the election “shall cease to apply”. Respondent concludes that this language is evidence of congressional intent to limit our review to those particular subsections. Respondent’s attempt to selectively take phrases from the statute and the legislative history to support his narrow reading is unpersuasive. Section 7479 gives the Court authority to review a determination by the Secretary of whether an election may be made. The determination respondent made in this case is not confined to an application of section 6166(a) and (g).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: November 10, 2007