Legal Opinion

Estate of Merwin v. Commissioner

United States Tax Court

Decided August 21, 1990No. Docket No. 23398-88Published

P attempted to elect special use valuation, under sec. 2032A, I.R.C. 1954, on its estate tax return (Form 706) timely filed on July 16, 1985. Although the face of Form 706 referred to required agreements described in the Form 706 instructions, P did not attach a notice of election or a recapture agreement to the return.

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P attempted to elect special use valuation, under sec. 2032A, I.R.C. 1954, on its estate tax return (Form 706) timely filed on July 16, 1985. Although the face of Form 706 referred to required agreements described in the Form 706 instructions, P did not attach a notice of election or a recapture agreement to the return. Held, P did not substantially comply with the applicable regulations within the meaning of sec. 2032A(d)(3), I.R.C. 1954. Held, further, by failing to attach a recapture agreement, P did not provide substantially all the required information within the meaning of sec. 1421,…

1Opinion of the Court

Estate of Georgia Lee Merwin, Deceased, Darrell Merwin, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Merwin v. Commissioner

Docket No. 23398-88

United States Tax Court

95 T.C. 168; 1990 U.S. Tax Ct. LEXIS 79; 95 T.C. No. 13;

August 21, 1990, Filed

Decision will be entered under Rule 155.

P attempted to elect special use valuation, under sec. 2032A, I.R.C. 1954, on its estate tax return (Form 706) timely filed on July 16, 1985. Although the face of Form 706 referred to required agreements described in the Form 706 instructions, P did not attach a notice of election…

2Cases cited14 opinions

  1. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  2. Estate of Ralph D. Cowser, Deceased, Patricia Ann Tucker v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1984
  3. Lucille Prussner, as of the Estate of Aileen E. Pfeifer v. United StatesCourt of Appeals for the Seventh Circuit · 1990
  4. Estate of Cowser v. CommissionerUnited States Tax Court · 1983
  5. Estate of Gunland v. CommissionerUnited States Tax Court · 1987

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