SECTION 4. SCOPE AND

APPLICATION

4.01. This notice applies to qualifying estates of decedents who are citizens or residents of the United States. For purposes of this notice, a qualifying estate is an estate in which:

a. The decedent is survived by a spouse; b. The decedent’s date of death is after December 31, 2010, and before July 1, 2011; and c. The fair market value of the decedent’s gross estate does not exceed $5,000,000.

4.02. For purposes of this notice, an estate is not a qualifying estate if the estate effectively requested an automatic six-month extension of time to file Form 706 under § 20.6081–1(b) by timely filing Form 4768 on or before the due date for filing Form 706.

4.03. If it is later determined that the estate does not meet the requirements of a qualifying estate, no extension will be treated as granted under this notice, and the Form 706, therefore, will not be timely.