Section 6166(h) Example 5 - CCA 201302037 modified - 100% of a deficiency is deferred solely because of a protective election

Section 6166(h) - Example 5  (Based on Modified CCA 201302037)
Tax Assessed on the Original Return is Fully Paid
A Deficiency Results From Increases to Non - §6166 Assets Only
Feb-17-2016Date of death
Nov-17-2016The estate tax return is timely filed. It reports a taxable estate of $11,124,400 and estate tax of $2,269,760.00, which is paid in full. A closely held business is included in the gross estate at a value of $5,000,000 (44.9462 % of the adjusted gross estate). In this example a protective §6166 election is filed with the return.
Apr-26-2018An IRS field examination is completed. There are 5 adjustments to the return.
 •  Schedule A non-§6166 asset values increase by $1,100,000.
 •  Schedule B non-§6166 asset values increase by $900,000.
 •  Schedule C non-§6166 asset values increase by $1,000,000.
 •  Schedule J attorney fees increase by $150,000.
 •  Schedule J  administration expenses increase by $387.40 for regular underpayment interest accrued on late-paid Federal §6166 annual interest payments due through the catch-up payment date of Apr-26-2018.
 •  The closely held business value remains unchanged at $5,000,000, which is 35.7797% of the adjusted gross estate as corrected on examination.
 •  Because of the Protective §6166 Election, in this example the Schedule J deduction for interest accrued on Federal estate tax is much less than in Example 4 because §2053(c)(1)(D) prohibits a deduction for interest accrued on tax deferred under §6166.

 

Section 6166(h) - Example 5  (Based on Modified CCA 201302037)

Report of Estate Tax Examination Changes
Form 1273
Estate of:    Decedent                                        SSN: 999-99-9999V                                D/D: Feb-17-2016
1Tentative Taxable Estate Shown on Return or Previously Adjusted11,124,400.00
2Increase/Decrease in Tentative Taxable Estate2,849,612.60
3aTentative Taxable Estate as Corrected (Line 1 plus/minus Line 2)13,974,012.60
  Shown on Return/ As Previously AssessedAs Corrected
3bState Death Tax Deduction0.000.00
3cTaxable Estate as Corrected (Line 3a - Line 3b)11,124,400.0013,974,012.60
4Adjusted taxable gifts0.000.00
5Total11,124,400.0013,974,012.60
6Tentative Tax4,395,560.005,535,405.04
7Aggregate Gift Tax Payable (After Dec. 31, 1976)0.000.00
8Tax Before Unified Credit (Line 6 - Line 7)4,395,560.005,535,405.04
9aBasic Exclusion Amount5,450,000.005,450,000.00
9bDeceased Spousal Unused Exclusion (DSUE)0.000.00
9cApplicable Exclusion Amount (Line 9a + Line 9b)5,450,000.005,450,000.00
9dApplicable Credit Amount (From Table A, using Line 9c)2,125,800.002,125,800.00
10Adjustment to Unified Credit0.000.00
11Allowable Applicable Credit Amount2,125,800.002,125,800.00
12Tax Before SDTC (Line 8 - Line 11)*Cannot be < 02,269,760.003,409,605.04
13State Death Tax Credit0.000.00
 Tentatively Allowed  
 Submit Evidence by  
14Net Tax Post State Death Tax Credit (Line 12 - Line 13)2,269,760.003,409,605.04
15Gift Tax Credit (Pre-1977 Gifts)0.000.00
16Foreign Death Tax Credit (Statutory)0.000.00
17Prior Transfer Credit0.000.00
18Foreign Death Tax Credit (Treaty)/Canadian Marital Credit0.000.00
19Total Credits (Sum of Lines 15 through 18)0.000.00
20Net Estate Tax Payable2,269,760.003,409,605.04
21Generation-Skipping Transfer Taxes (Schedule R, Part 2, Line 12)0.000.00
22Increased Estate Tax (Section 4980A, Schedule S)0.000.00
23Total Federal Estate Tax (Sum of Lines 20 through 22)2,269,760.003,409,605.04
24Total Transfer Tax Previously Assessed2,269,760.00
25Total Transfer Tax Increase/Decrease (Line 23 - Line 24)1,139,845.04
26Penalties Previously Assessed - Code(s)0.00
27Penalties as Corrected - Code(s)0.00
28Net Penalties Increase/Decrease (Line 27 - Line 28)0.00
29Net Tax and Penalties Payable Increase/Decrease (Line 25 + Line 28)1,139,845.04

 

Section 6166(h) - Example 5  (Based on Modified CCA 201302037)

Line Adjustment - Estate Tax
Form 6180
Estate of:    Decedent                                        SSN: 999-99-9999V                                D/D: Feb-17-2016
 Shown on Return/ As Previously AssessedChangeAs Corrected
1Schedule A - Real Estate4,000,000.001,100,000.005,100,000.00
2Schedule B - Stocks and Bonds1,000,000.00900,000.001,900,000.00
3Schedule C - Mortgages, Notes, and Cash500,000.001,000,000.001,500,000.00
4Schedule D - Life Insurance1,200,000.000.001,200,000.00
5Schedule E - Jointly Owned Property0.000.000.00
6Schedule F - Other Miscellaneous Property5,000,000.000.005,000,000.00
7Schedule G - Transfers During Decedent's Life0.000.000.00
8Schedule H - Powers of Appointment0.000.000.00
9Schedule I - Annuities0.000.000.00
10Gross estate11,700,000.003,000,000.0014,700,000.00
11Schedule U - Qualified Conservation Easement Exclusion0.000.000.00
12Gross Estate less exclusion11,700,000.003,000,000.0014,700,000.00
13Schedule J - Funeral and Administration Expenses450,000.00150,387.40600,387.40
14Schedule K - Debts of Decedent125,600.000.00125,600.00
15Schedule K - Mortgages0.000.000.00
16Total of Schedules J and K575,600.00150,387.40725,987.40
17Allowable deductions from Schedules J and K575,600.00150,387.40725,987.40
18Schedule L - Net Losses During Administration0.000.000.00
19Schedule L - Expenses on Property Not Subject to Claims0.000.000.00
20Total - Lines 17, 18, and 19575,600.00150,387.40725,987.40
21Schedule M - Marital Deduction0.000.000.00
22Schedule O - Charitable Deduction0.000.000.00
23ESOP Deduction0.000.000.00
24Schedule T - QFOBI Deduction0.000.000.00
25Total allowable deductions575,600.00150,387.40725,987.40
26Tentative taxable estate11,124,400.002,849,612.6013,974,012.60

 

Section 6166(h) - Example 5  (Based on Modified CCA 201302037)

Form 886-A  -   EXPLANATION OF ITEMS
Schedule A - Real Estate
  Shown on Return/ As Previously AssessedAs Corrected
1Real estate parcel A350,000.00425,000.00
2Real estate parcel C275,000.00400,000.00
4Real estate parcel D225,000.00725,000.00
5Real estate parcel G0.00400,000.00
 Total of these Items850,000.001,950,000.00
 Shown on Return850.000.00
 Change to Schedule1,100,000.00

 

Section 6166(h) - Example 5  (Based on Modified CCA 201302037)

Form 886-A  -   EXPLANATION OF ITEMS
Schedule B - Stocks and Bonds
  Shown on Return/ As Previously AssessedAs Corrected
3Value of publicly-traded stock in Business A175,000.00280,000.00
6Value of publicly-traded stock in Business D200,000.00220,000.00
14Value of publicly-traded stock in Business H25,000.0050,000.00
16Additional asset discovered after the return was filed0.00750,000.00
 Total of these Items400,000.001,300,000.00
 Shown on Return400,000.00
 Change to Schedule900,000.00

 

Section 6166(h) - Example 4  Example 5  (Based on Modified CCA 201302037)

Form 886-A  -   EXPLANATION OF ITEMS
Schedule C - Mortgages, Notes and Cash
  Shown on Return/ As Previously AssessedAs Corrected
1Receivable from MNO Corporation0.001,000,000.00
    
    
 Total of these Items0.001,000,000.00
 Shown on Return0.00
 Change to Schedule1,000,000.00

 

Section 6166(h) - Example 5  (Based on Modified CCA 201302037)

Form 886-A  -   EXPLANATION OF ITEMS
Schedule J - Funeral and Administrative Expenses
  Shown on Return/ As Previously AssessedAs Corrected
 B-2  Attorney fees150,000.00300,000.00
 B-4(d)  Interest on Federal estate tax0.00387.40
    
 Total of these Items150,000.00300,387.40
 Shown on Return150,000.00
 Change to Schedule150,387.40

 

Section 6166(h) - Example 5  (Based on Modified CCA 201302037)
§6166(b)(6) Adjusted Gross Estate Computation
Gross estate 14,700,000.00
Schedule J - Funeral and Administrative Expenses600,387.40 
Schedule K - Debts of Decedent125,600.00 
Schedule K - Mortgages and Liens0.00 
Total Schedules J and K debts and expenses725,987.40 
Allowable amount of deductions725,987.40 
Schedule L - Net Losses0.00 
Schedule L - Expenses on property not subject to claims0.00 
Total Schedules J, K, and L debts and expenses725,987.40 
Adjustment for expenses incurred after the return was filed(387.40) 
Adjusted Schedules J, K, and L debts and expenses725,600.00725,600.00
Section 6166(b)(6) adjusted gross estate 13,974,400.00
The return was filed on the return due date; an extension of time to file had not been requested. Any interest on Federal estate tax allowable as a Schedule J deduction therefore accrued for periods occurring after the date the return was filed and cannot be included in the §6166(b)(6) adjusted gross estate computation.

 

Section 6166(h) - Example 5  (Based on Modified CCA 201302037)
§6166(a)(2) Ratio Computation
Section 6166 business value5,000,000.00
Section 6166(b)(6) adjusted gross estate13,974,400.00
Section 6166(a)(2) ratio for the maximum amount of tax which may be paid in installments.357797

 

6166(h) Example 5, Comment 1:   Because in this Example a Protective §6166 Election was filed with the original return, §6166(h) is not applicable. When viewed in conjunction with Section 6166(h) Example 4, this Example 5 illustrates the different results that would have followed had a Protective Election been filed with the return: Instead of no part of the deficiency being eligible for a §6166(h) election as in Example 4, 100% of the deficiency would be eligible for a perfected §6166(a) election in Example 5 even though no part of the deficiency was attributable to the closely held business.

 

Section 6166(h) - Example 5  (Based on Modified CCA 201302037)
§6166(a)(2) Maximum Amount of Tax Which May be Paid in Installments - Protective Election Filed
Net estate tax3,409,605.04
Section 6166(a)(2) ratio expressed as a percentage35.7797%
Maximum amount of tax which may be paid in installments under the Protective Election1,219,946.45

 

Section 6166(h) - Example 5  (Based on Modified CCA 201302037) - Protective Election Filed
Perfected Section 6166 Election
Finally determined estate tax3,409,605.04
Maximum amount of tax payable in installments1,219,946.45
Tax not payable in installments and due on the return due date2,189,658.59
Payment on the return due date2,269,760.00
Overpayment of non-deferred tax80,101.41
Application of the Overpayment of Non-Deferred Tax
Maximum amount of tax payable in installments1,219,946.45
Overpayment of non-deferred tax treated as a prepayment of tax installments80,101.41
Balance of tax payable in installments1,139,845.04
Deficiency1,139,845.04
Portion of deficiency that is payayble in installments1,139,845.04
Portion of deficiency that is not payable in installments0.00
The Annual Installment
Maximum amount of tax payable in installments1,219,946.45
Number of installments selected10
Annual Installment121,994.65
Application of the Prepayment Credit to the First Installment
First annual installment due on the 5th anniversary date of Nov-17-2021121,994.65
Prepayment credit applied80,101.41
Balance of first installment payable41,893.24
The installment amounts shown do not include accrued interest, which would also be payable.

 

6166(h) Example 5, Comment 2:   This example assumes that the estate filed a Protective Election to defer the maximum amount of tax payable in installments. Accordingly, there was an overpayment of non-deferred tax on the return filing date, which is applied as a credit against the tax installment(s) as they come due. See Example 1(i) in Reg. §20.6166-1(i). For further information about calculating the annual installment when there has been an overpayment of non-deferred tax that reduces the unpaid balance of tax deferred under §6166, see The Annual Installment under the Computations section of General Concepts on the Home page.

 

Section 6166(h) - Example 5  (Based on Modified CCA 201302037) - Protective Election Filed
§6166(a) Catch-Up Payment Due Apr-26-2018
Estate tax due3,409,605.04
Estate tax paid2,269,760.00
Deficiency1,139,845.04
Portion of deficiency deferred under the §6166(a) election and payable in installments1,139,845.04
Amounts due on the 1st anniversary date of Nov-17-2017
Interest at 2% on the first $592,000 of deferred tax11,954.88 
Interest at 45% of R% on the $547,845.04 balance of deferred tax9,946.9421,901.82
Additional amount due on Apr-26-2018
Additional interest at R% on the past-due interest of $21,901.82387.40
Total catch-up payment due Apr-26-201822,289.22
Allowable interest deduction on Schedule J
Interest at R% on the past-due interest on deferred tax of $21,901.82387.40
Allowable interest deduction387.40
NOTE: R% interest means the regular underpayment interest rate(s) in effect during each interest computation period, which can vary from period to period or within a single period. Interest rates are set quarterly pursuant to §6621.