- Ag Docket
For deaths in 2010, the federal estate tax was inapplicable. That also meant that a carryover basis applied to estate assets in the hands of an heir. However, the Congress retroactively reinstated the estate tax, but an executor could elect to not have the estate tax apply with a modified carryover basis then applying to estate assets. The election was to be made via Form 8939 on or before Nov. 15, 2011. IRS later granted limited relief from that deadline in accordance with Notice 2011-66. Here, a late Form 8939 was filed and the estate sought an extension of time to refile Form 8939 to make the election and allocate basis to eligible estate property. The IRS granted the estate a 120-day extension of time to refille From 8939. Priv. Ltr. Rul. 201442019 (Jul. 7, 2014). In separate guidance, the IRS denied an estate's request for an extension of time to make the I.R.C. 1022 election to allocate basis. The executor claimed that the U.S. Postal Service lost the mailed Form 8939. The IRS noted that the estate couldn't prove that the Form was mailed by either registered or certified mail, so the "mailbox rule" didn't apply. Priv. Ltr. Rul. 201442015 (Jul. 15, 2014).
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