Leon Rosenfield, as Administrator, D.B.N.C.T.A. Of Estate of George D. Beaston, Deceased v. United States

The Internal Revenue Code of 1939 permits the representative of an estate the election of evaluating the assets in the gross estate either as of the date of death or one year after death. 26 U.S.C. § 811 (1952 ed.). Section 81.11 of Treasury Regulation 105 provides that “In no case may the election be exercised, or a previous election changed, after the expiration of the time for the filing of the return.”

The administrator d. b. n. c. t. a. in this case seeks a refund of additional estate tax assessed by the Commissioner. The additional tax was the result of the original executor’s apparent…