Estate of Johnson v. Commissioner
United States Tax Court
Decedent died on Oct. 12, 1981. Petitioner, D's estate, attempted to elect sec. 2032A, I.R.C. 1954, special use valuation on its estate tax return filed July 27, 1982, 15 days after it was due. Petitioner's attempted election substantially complied with the regulations and contained no mistakes or omissions other than its untimeliness.
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Decedent died on Oct. 12, 1981. Petitioner, D's estate, attempted to elect sec. 2032A, I.R.C. 1954, special use valuation on its estate tax return filed July 27, 1982, 15 days after it was due. Petitioner's attempted election substantially complied with the regulations and contained no mistakes or omissions other than its untimeliness. Held, petitioner's failure to make the special use valuation election on a timely return pursuant to sec. 2032A(d)(1), I.R.C. 1954, as it applies to estates of decedents dying prior to Jan. 1, 1982, defeated petitioner's attempted election despite the relief…
1Opinion of the Court
OPINION
FEATHERSTON, Judge:
Respondent determined a deficiency in the amount of $123,735 in petitioner’s estate tax and an addition to tax under section 6651(a)1 in the amount of $6,187. The issues for decision are:(1) Whether petitioner effectively elected to have decedent’s interest in certain parcels of real property valued under section 2032A as special use property rather than at its full fair market value.(2) Whether petitioner is liable for an addition to tax under section 6651(a) for failure to file a timely estate tax return.2
All the facts are stipulated.
Curtis H. Johnson (decedent)…
2Cases cited5 opinions
- Bebb v. CommissionerUnited States Tax Court · 1961
- Estate of Coon v. CommissionerUnited States Tax Court · 1983
- Estate of Gunland v. CommissionerUnited States Tax Court · 1987
- Estate of Geiger v. CommissionerUnited States Tax Court · 1983
- Estate of Arthur H. McCoy Deceased, Robert McCoy v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1987
3Cited by15 opinions
- Estate of Doherty v. Comm'rUnited States Tax Court · 1990
- Estate of Strickland v. CommissionerUnited States Tax Court · 1989
- Elizabeth J. Bartlett, as of the Estate of Charles E. Grimes, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1991
- Estate of Merwin v. CommissionerUnited States Tax Court · 1990
- Estate of Grimes v. CommissionerUnited States Tax Court · 1988
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