(a) Election of special rules for woodlands–(1) In general. This paragraph applies to the election of special rules for woodlands under section 2032A(e)(13) of the Code, as added by section 421(h) of the Economic Recovery Tax Act of 1981. The executor shall make this election for an estate by attaching to the estate tax return a statement that–
Terms Used In 26 CFR 22.0
- Decedent: A deceased person.
- Executor: A male person named in a will to carry out the decedent
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(i) Contains the decedent‘s name and taxpayer identification number as they appear on the estate tax return,
(ii) Identifies the election as an election under section 2032A(e)(13) of the Code,
(iii) Specifies the property with respect to which the election is made, and
(iv) Provides all information necessary to show that the executor is entitled to make the election.
(2) Additional information required. If later regulations issued under section 2032A(e)(13) require the executor to furnish information in addition to that required under paragraph (a)(1) of this section and an office of the Internal Revenue Service requests the executor to furnish the additional information, the executor shall furnish the additional information in a statement filed with that office of the Internal Revenue Service within 60 days after the request is made. The statement shall also contain the information required by paragraphs (a)(1) (i), (ii), and (iii) of this section. If the additional information is not provided within 60 days after the request is made, the election may, at the discretion of the Commissioner, be held invalid.
(b) Election of special use valuation for qualified real property. This paragraph applies to the election of special use valuation for qualified real property under section 2032A(d)(1) of the Code, as amended by section 421(j)(3) of the Economic Recovery Tax Act of 1981. This election shall be made in the manner prescribed in §20.2032A-8(a)(3), except that the election shall be valid even if the estate tax return is not timely filed.
(c) Elections irrevocable. Elections to which this section applies may not be revoked.
(d) Effective date. The elections described in this section are available with respect to the estates of decedents dying after 1981.
[T.D. 7793, 46 FR 54540, Nov. 3, 1981]