Estate received 120 days to make the 65-day distribution election

Plain-English summary

An estate made a distribution during the first 65 days of a fiscal year and intended to treat it as paid on the last day of the preceding year under section 663(b). The estate inadvertently failed to make the required election by the return deadline. The IRS found that the estate satisfied the regulatory standards for late-election relief and granted 120 days to file an amended return containing the election. The ruling did not decide whether the distribution otherwise qualified or was paid in the proper amount.

Ruling snapshot

• Question: Could the estate make a late election to treat a distribution made in the first 65 days of one year as paid in the preceding year?
• Outcome: Approved, with a 120-day extension
• Key authorities: IRC § 663(b); Treas. Reg. §§ 1.663(b)-2 and 301.9100-1 through 301.9100-3

Full text (IRS public release)

Internal Revenue Service Department of the Treasury
Washington, DC 20224

Number: 202303001 Third Party Communication: None
Release Date: 1/20/2023 Date of Communication: Not Applicable
Index Number: 9100.00-00
Person To Contact:
----------------------------------- --------------------, ID No. -----------------
---------------------------------- Telephone Number:
----------------------------------- --------------------
----------------------------- Refer Reply To:
------------------------- CC:PSI:B03
PLR-108121-22
Date:
October 17, 2022

LEGEND:

Estate = -----------------------------------
----------------------

Date 1 = ------------

Date 2 = ------------------

Date 3 = ------------------

x = ---------------

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

   This letter responds to a letter dated March 30, 2022, and subsequent

correspondence submitted on behalf of Estate by its authorized representative,
requesting that the Service grant Estate an extension of time pursuant to § 301.9100-3
of the Procedure and Administration Regulations to make an election under § 663(b) of
the Internal Revenue Code.

Facts

    Estate files its federal income tax return on a fiscal year basis with the year

ending Date 1. Estate made a distribution in the amount of $x (the Distribution) within
the first sixty-five days of the fiscal year ending on Date 3, and intended to have the
Distribution considered to be paid or credited on the last day of the fiscal year ending on
Date 2 as permitted under § 663(b). However, due to inadvertence, the § 663(b)
election was not timely filed.

PLR-108121-22 2

Law and Analysis

   Section 663(b)(1) provides that in general, if within the first 65 days of any

taxable year of an estate or a trust, an amount is properly paid or credited, such amount
shall be considered paid or credited on the last day of the preceding taxable year.
Section 663(b)(2) provides that § 663(b)(1) shall apply with respect to any taxable year
of an estate or a trust only if the executor of such estate or the fiduciary of such trust (as
the case may be) elects, in such manner and at such time as the Secretary prescribes
by regulations, to have § 663(b)(1) apply for such taxable year.

    Section 1.663(b)-2(a)(1) of the Income Tax Regulations provides that if a trust

return is required to be filed for the taxable year of the trust for which the election is
made, the election shall be made in the appropriate place on such return. The election
under § 1.663(b)-2(a)(1) shall be made not later than the time prescribed by law for
filing such return (including extensions thereof). Such election shall become irrevocable
after the last day prescribed for making it.

   Section 301.9100-1(c) provides that the Commissioner may grant a reasonable

extension of time under the rules set forth in §§ 301.9100-2 and 301.9100-3 to make a
regulatory election, or a statutory election (but not more than 6 months except in the
case of a taxpayer who is abroad), under all subtitles of the Code except subtitles E, G,
H, and I. Section 301.9100-1(b) provides that the term “regulatory election” includes an
election whose due date is prescribed by a regulation published in the Federal Register.

    Section 301.9100-2 provides the rules governing automatic extensions of time for

making certain elections. Section 301.9100-3 provides the standards the Commissioner
will use to determine whether to grant an extension of time for regulatory elections that
do not meet the requirements of § 301.9100-2.

    Section 301.9100-3(a) provides that requests for relief subject to § 301.9100-3

will be granted when the taxpayer provides the evidence (including affidavits described
in § 301.9100-3(e)) to establish to the satisfaction of the Commissioner that (1) the
taxpayer acted reasonably and in good faith, and (2) the grant of relief will not prejudice
the interests of the Government.

Conclusion

   Based solely on the facts submitted and representations made, we conclude that

Estate has satisfied the requirements of §§ 301.9100-1 and 301.9100-3. As a result,
Estate is granted an extension of time of 120 days from the date of this letter to file an
election under § 663(b). The election should be made by filing an income tax return for
the year ending on Date 2, amended to include the election, with the appropriate service
center. A copy of this letter should be attached to the amended return.

PLR-108121-22 3

    Except as specifically set forth above, we express or imply no opinion concerning

the federal tax consequences of the facts described above under any other provision of
the Code. In addition, § 301.9100-1(a) provides that the granting of an extension of
time for making an election is not a determination that the taxpayer is otherwise eligible
to make the election. Finally, we express or imply no opinion concerning whether the
distributions were property paid or credited and in the proper amounts.

   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 ruling request, it is subject to verification on examination.

  This ruling is directed only to the taxpayer that requested it. Section 6110(k)(3)

provides that this ruling may not be used or cited as precedent.

    Pursuant to a power of attorney on file with this office, we are sending a copy of

this letter to your authorized representative.

                                      Sincerely,

                                      Associate Chief Counsel
                                      (Passthroughs & Special Industries)



                                      By:___________________________
                                      Richard T. Probst
                                      Senior Technician Reviewer, Branch 3
                                      Office of Associate Chief Counsel
                                      (Passthroughs & Special Industries)

Enclosure:
Copy for § 6110 purposes

cc: