Legal Opinion

Estate of McAlpine v. Commissioner

United States Tax Court

Decided January 24, 1991No. Docket No. 28298-87Published

P elected to value a ranch owned by decedent at the time of his death under the special use valuation provision of sec. 2032A of the I.R.C. of 1954, as amended. The election was made on the original timely filed estate tax return filed for the estate and a recapture agreement was also attached.

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P elected to value a ranch owned by decedent at the time of his death under the special use valuation provision of sec. 2032A of the I.R.C. of 1954, as amended. The election was made on the original timely filed estate tax return filed for the estate and a recapture agreement was also attached. The election and agreement were signed by the executrix of the estate but not by any of decedent's three grandchildren who were the beneficiaries of a trust to which the ranch was devised under the will. An amended estate tax return with an amended election and recapture agreement were filed within 90…

1Opinion of the Court

Estate of Malcolm McAlpine, Jr., Deceased; Geraldine McAlpine and Jocelyn McAlpine Greeman, Co-independent Executrixes, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of McAlpine v. Commissioner

Docket No. 28298-87

United States Tax Court

96 T.C. 134; 1991 U.S. Tax Ct. LEXIS 6; 96 T.C. No. 6;

January 24, 1991, Filed

Decision will be entered under Rule 155.

P elected to value a ranch owned by decedent at the time of his death under the special use valuation provision of sec. 2032A of the I.R.C. of 1954, as amended. The election was made on the original timely filed estate tax…

Also in this document: Concurrence; Dissent.

2Cases cited22 opinions

  1. Jarecki v. G. D. Searle & Co.Supreme Court of the United States · 1961
  2. Bartels v. BirminghamSupreme Court of the United States · 1947
  3. Taylor v. Davis' AdministratrixSupreme Court of the United States · 1884
  4. Abraham Zion Corp. v. LebowCourt of Appeals for the Second Circuit · 1985
  5. Lucille Prussner, as of the Estate of Aileen E. Pfeifer v. United StatesCourt of Appeals for the Seventh Circuit · 1990

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