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26 U.S.C. § 7517 — Furnishing on request of statement explaining estate or gift valuation

submitted 50 years ago by Pub. L. 94-455 to r/title-26-INTERNAL-REVENUE-CODE · 217 words · no verdicts yet

in plain englishAI-generated · not legal advice

The IRS sometimes values property for estate, gift, or generation-skipping tax. If asked, it must explain that value in writing within 45 days. That explanation doesn't bind the IRS unless another law says otherwise.

(a) General rule

The IRS sometimes decides — or proposes — how much an item of property is worth, for the estate tax (chapter 11), the gift tax (chapter 12), or the generation-skipping transfer tax (chapter 13).

When that happens, the executor of the estate, the donor who gave the gift, or the person who must file the generation-skipping tax return can ask the IRS, in writing, for a written statement explaining that value. The IRS must send the statement no later than 45 days after whichever comes later: the date of the request, or the date the IRS made or proposed the valuation.

(b) Contents of statement

The written statement the IRS sends must do three things:

  1. Explain the basis on which the IRS determined or proposed that value.
  2. Set out any computation used to arrive at that value.
  3. Include a copy of any expert appraisal the IRS made or had made.

(c) Effect of statement

Sending this statement does not lock the IRS into that value. Except where some other law says otherwise, the value the IRS determined or proposed — and the method it used to reach that value — is not binding on the IRS. The IRS can still change its position later.

the actual law source: uscode.house.gov ↗public domain
(a) General rule

If the Secretary makes a determination or a proposed determination of the value of an item of property for purposes of the tax imposed under chapter 11, 12, or 13, he shall furnish, on the written request of the executor, donor, or the person required to make the return of the tax imposed by chapter 13 (as the case may be), to such executor, donor, or person a written statement containing the material required by subsection (b). Such statement shall be furnished not later than 45 days after the later of the date of such request or the date of such determination or proposed determination.

(b) Contents of statement

A statement required to be furnished under subsection (a) with respect to the value of an item of property shall—

(1)

explain the basis on which the valuation was determined or proposed,

(2)

set forth any computation used in arriving at such value, and

(3)

contain a copy of any expert appraisal made by or for the Secretary.

(c) Effect of statement

Except to the extent otherwise provided by law, the value determined or proposed by the Secretary with respect to which a statement is furnished under this section, and the method used in arriving at such value, shall not be binding on the Secretary.

Source credit: (Added Pub. L. 94–455, title XX, § 2008(a)(1), Oct. 4, 1976, 90 Stat. 1891.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-455 · 90 Stat. 1891

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-455 on 1976-10-04.

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