PLR 201236002: IRS grants extra time for an estate's alternate valuation election

Plain-English summary

The IRS granted an estate additional time to make the alternate valuation election under section 2032. The estate's tax professionals had failed to advise the administratrix about the election, and a supplemental estate tax return was filed within one year after the original return's due date. The IRS found that the estate acted reasonably and in good faith and that granting relief would not prejudice the government. The extension was limited to the date stated in the ruling.

Ruling snapshot

• Question: Can the estate receive extra time to make the alternate valuation election?
• Outcome: Approved.
• Key authorities: IRC § 2032; Treas. Reg. § 20.2032-1(b)(3); Treas. Reg. §§ 301.9100-1 through 301.9100-3

Full text (IRS public release)

Internal Revenue Service
Department of the Treasury
Washington, DC 20224

Number: 201236002
Third Party Communication: None
Release Date: 9/7/2012
Date of Communication: Not Applicable
Person To Contact:
Index Number: 2032.00-00, 9100.00-00
------------------------, ID No. -------------
Telephone Number:
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------------------------------------------- Refer Reply To:
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CC:PSI:04
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PLR-101454-12
Date:
May 30, 2012

Re: -------------------------------------

Legend

Decedent = --------------------------------------------------
Administratrix = ------------------------
CPA = --------------------
Attorney = --------------------
Law Firm = -----------------------------------
Date 1 = --------------------------
Date 2 = ------------------------
Date 3 = --------------------------

Dear ----------------:

This letter responds to your authorized representative’s letter dated November 21, 2011, requesting an extension of time under § 301.9100 of the Procedure and Administration Regulations to make an alternate valuation election under § 2032 of the Internal Revenue Code.

The facts and representations submitted are summarized as follows: Decedent died on Date 1. The administratrix, Administratrix, of Decedent’s estate consulted with Attorney to assist her with Decedent’s estate. Attorney retained CPA to prepare Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return. A Form 706 was filed on Date 2, a date within one year after the due date. CPA failed to make the alternate valuation election under § 2032 on Form 706. Attorney and CPA stated in affidavits that neither Attorney nor CPA advised Administratrix of the availability of alternate valuation date election. Subsequently, Administratrix consulted Law Firm and it was determined that the alternate valuation election should have been made. On Date 2, Administratrix filed a supplemental Form 706 making the election under § 2032.
PLR-101454-12
2

Section 2032(a) provides, in part, that the value of the gross estate may be determined, if the executor so elects, by valuing all the property included in the gross estate as follows:

(1) In the case of property distributed, sold, exchanged, or otherwise disposed of, within 6 months after the decedent’s death such property shall be valued as of the date of distribution, sale, exchange, or other disposition.

(2) In the case of property not distributed, sold, exchanged, or otherwise disposed of, within 6 months after the decedent’s death such property shall be valued as of the date 6 months after the decedent’s death.

Section 2032(c) provides that no election may be made under § 2032 with respect to an estate unless such election will decrease: (1) the value of the gross estate; and (2) the sum of the tax imposed under chapter 11 of the Code and the tax imposed by chapter 13 with respect to property includible in the decedent’s gross estate (reduced by credits allowable against such taxes).

Section 2032(d)(1) provides that an election under § 2032 shall be made by the executor on the return of tax imposed by § 2001. Such election, once made, shall be irrevocable. Under § 2032(d)(2), no election may be made under § 2032 if such return is filed more than 1 year after the time prescribed by law (including extensions) for filing such return.

Section 20.2032-1(b)(3) of the Estate Tax Regulations provides that a request for an extension of time to make the election pursuant to §§ 301.9100-1 and 301.9100-3 will not be granted unless the estate tax return is filed no later than 1 year after the due date of the return, including extensions.

Sections 301.9100-1 through 301.9100-3 provide the standards the Commissioner will use to determine whether to grant an extension of time to make an election. Section 301.9100-1(a).

Under § 301.9100-1(c), the Commissioner may grant a reasonable extension of time to make a regulatory election, or statutory election (but no more than 6 months except in the case of a taxpayer who is abroad), under all subtitles of the Internal Revenue Code except subtitles E, G, H, and I, if the taxpayer demonstrates to the satisfaction of the Commissioner that the taxpayer has acted reasonably and in good faith, and granting relief will not prejudice the interests of the government.

Section 301.9100-2 provides automatic extension of time for making certain elections. Section 301.9100-3 provides extensions of time for making elections that do not meet the requirements of § 301.9100-2.
PLR-101454-12
3

Requests for relief under § 301.9100-3 will be granted when the taxpayer provides the evidence to establish to the satisfaction of the Commissioner that the taxpayer acted reasonably and in good faith, and that granting relief will not prejudice the interests of the government.

Section 301.9100-3(b)(1)(v) provides that a taxpayer is deemed to have acted reasonably and in good faith if the taxpayer reasonably relied on a qualified tax professional, including a tax professional employed by the taxpayer, and the tax professional failed to make, or advise the taxpayer to make, the election.

Based on the facts submitted and the representations made, we conclude that the standards of §§ 301.9100-1 and 301.9100-3 have been satisfied. Consequently, Administratrix is granted an extension of time to Date 2 to make the alternate valuation election under § 2032. A copy of this letter should be forwarded to the Cincinnati Service Center at the following address: Internal Revenue Service, Cincinnati Service Center -- Stop 82, Cincinnati, OH 45999.

The ruling contained in this letter is based upon information and representations submitted by the taxpayer and accompanied by a penalty of perjury statement executed by an appropriate party. While this office has not verified any of the material submitted in support of the request for ruling, it is subject to verification on examination.

Except as expressly provided herein, no opinion is expressed or implied concerning the tax consequences of any aspect of any transaction or item discussed or referenced in this letter.

This ruling is directed only to the taxpayer requesting it. Section 6110(k)(3) of the Code provides that it may not be used or cited as precedent.

In accordance with the Power of Attorney on file with this office, a copy of this letter is being sent to your authorized representative.

Sincerely,

By: ______
Lorraine E. Gardner
Senior Counsel, Branch 4
Office of Associate Chief Counsel
(Passthroughs & Special Industries)

Enclosures
Copy for section 6110 purposes
Copy of this letter

cc: