Comments to the IRS
RPTE eReport newsletter

October 2013

Section News

Portability Election Relief under Treasury Regulation Sections 301.9100-2 and -3

On September 27, 2013, Richard Franklin and Lester Law, Co-Chairs of the Estate and Gift Tax Committee, along with other committee members, submitted comments to the Internal Revenue Service requesting the expansion of 9100 Relief in two situations related to making the portability election for estates under the threshold in Section 6018(a) for being required to file a Form 706 (i.e., nothing was requested relating to estates over such threshold).

Download their comments here.

First, the Committee recommended that relief to make the portability election under the 9100-2 Regulations be available during the six month extension period applicable to a Form 706 in situations in which neither an original Form 706 nor an extension request was filed within 9 months of the decedent’s death. Second, the Committee requested that a period of at least 6 months from the date of publication of guidance be granted in which relief under the 9100-3 Regulations could be requested to make a late portability election without the need to file a letter ruling request or pay a user fee. The idea is that the Government and taxpayers would be well-served by creating a specific window of time during which all such requests to make portability elections could be cleaned up with a minimum of fuss and expense.

Return to the October eReport


American Bar AssociationPublished in the RPTE eReport, October 2013. © 2013 by the American Bar Association. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
The materials contained herein represent the opinions of the authors and editors and should not be construed to be those of either the American Bar Association or The ABA Section of Real Property, Trust and Estate Law unless adopted pursuant to the bylaws of the Association. Nothing contained herein is to be considered as the rendering of legal advice for specific cases and readers are responsible for obtaining such advice from their own legal counsel. These materials and any forms and agreements herein are intended for educational and informational purposes only. The authors and other contributors to the RPTE eReport are solely responsible for the content of their submissions, including the accuracy of citations to legal resource materials.