SECTION 9. ESTATE — Internal Revenue Bulletin 2002-46

Statute or Regulation Act Postponed

Sec. 643(g) The trustee may elect to treat certain payments of estimated tax as paid by the beneficiary. The election shall be made on or before the 65 ^th day after the close of the taxable year of the trust.
Sec. 2011(c) The executor of a decedent’s estate must file a claim for a credit for state estate, inheritance, legacy or succession taxes by filing a claim within 4 years of filing Form 706, United States Estate (and Generation Skipping Transfer) Tax Return.
Sec. 2014(e) The executor of a decedent’s estate must file a claim for foreign death taxes within 4 years of filing Form 706, United States Estate (and Generation Skipping Transfer) Tax Return.
Sec. 2016 and Treas. Reg. If an executor of a decedent’s estate (or any other person) receives a refund of § 20.2016–1 any state or foreign death taxes claimed as a credit on Form 706, the IRS must
Sec. 2016 and Treas. Reg. If an executor of a decedent’s estate (or any other person) receives a refund of § 20.2016–1 any state or foreign death taxes claimed as a credit on Form 706, the IRS must

be notified within 30 days of receipt. 5. Sec. 2031(c) If an executor of a decedent’s estate elects on Form 706 to exclude a portion of the value of land that is subject to a qualified conservation easement, agreements relating to development rights must be implemented within 2 years after the date of the decedent’s death. 6. Sec. 2032(d) The executor of a decedent’s estate may elect an alternate valuation on a late filed Form 706 if the Form 706 is not filed later than 1 year after the due date. 7. Sec. 2032A(c)(7) A qualified heir, with respect to specially valued property, is provided a twoyear grace period immediately following the date of the decedent’s death in which the failure by the qualified heir to begin using the property in a qualified use will not be considered a cessation of qualified use and therefore will not trigger additional estate tax. 8. Sec. 2032A(d)(3) The executor of a decedent’s estate has 90 days after notification of incomplete information/signatures to provide the information/signatures to the IRS regarding an election on Form 706 with respect to specially valued property. 9. Sec. 2046 A taxpayer may make a qualified disclaimer no later than 9 months after the date on which the transfer creating the interest is made, or the date the person attains age 21. 10. Sec. 2053(d) and Treas. Reg. If the executor of a decedent’s estate elects to take a deduction for state and §§ 20.2053–9(c) and 10(c) foreign death tax imposed upon a transfer for charitable or other uses, the

Sec. 2053(d) and Treas. Reg. If the executor of a decedent’s estate elects to take a deduction for state and §§ 20.2053–9(c) and 10(c) foreign death tax imposed upon a transfer for charitable or other uses, the

executor must file a written notification to that effect with the IRS before expiration of the period of limitations on assessments (generally 3 years). 11. Sec. 2055(e)(3) A party in interest must commence a judicial proceeding to change an interest into a qualified interest no later than the 90th day after the estate tax return (Form 706) is required to be filed or, if no return is required, the last date for filing the income tax return for the first taxable year of the trust. 12. Sec. 2056(d) A qualified domestic trust (QDOT) election must be made on Form 706, Schedule M, and the property must be transferred to the trust before the date on which the return is made. Any reformation to determine if a trust is a QDOT requires that the judicial proceeding be commenced on or before the due date for filing the return. 13. Sec. 2056A(b)(2) The trustee of a QDOT must file a claim for refund of excess tax no later than 1 year after the date of final determination of the decedent’s estate tax liability. 14. Sec. 2057(i)(3)(G) A qualified heir, with respect to qualified family owned business, has a twoyear grace period immediately following the date of the decedent’s death in which the failure by the qualified heir to begin using the property in a qualified use will not be considered a cessation of qualified use and therefore will not trigger additional estate tax. 15. Sec. 2057(i)(3)(H) The executor of a decedent’s estate has 90 days after notification of incomplete information/signatures to provide the information/signatures to the IRS regarding an election on Form 706 with respect to specially valued property.

2002–46 I.R.B. 861 November 18, 2002