ormation and returns (A) in the case of a decedent dying during 1977, by substituting "$120,000" for "$175,000", (B) in the case of a decedent dying during 1978, by substituting "$134,000" for "$175,000", (C) in the case of a decedent dying during 1979, by substituting "$147,000" for "$175,000", and (D) in the case of a decedent dying during 1980, by substituting "$161,000" for "$175,000". Adjustment for certain gifts. The amount applicaunder paragraph (1) and the amount set forth in ragraph (2) shall each be reduced (but not below ro) by the sum of (A) the amount of the adjusted taxable gifts (within the meaning of section 2001(b)) made by the decedent after December 31, 1976, plus B) the aggregate amount allowed as a specific exemption under section 2521 (as in effect before ts repeal by the Tax Reform Act of 1976) with respect to gifts made by the decedent September 8, 1976. Returns by beneficiaries. after the executor is unable to make a complete return any part of the gross estate of the decedent, he include in his return a description of such part and name of every person holding a legal or beneficial est therein. Upon notice from the Secretary such shall in like manner make a return as to such of the gross estate. In 76, P.L 94-455, Sec. 2001(c)(1)(J), substituted "$175,000" for "$60,000" in para. (a)(1).. substituted "$60,000′′ for "$30,000" in para. (a)(2) added paras (a)(3) and (X4), for estates of decedents dying after '76. -P.L. 94455, Soc. 1906bX13XA), substituted "Secretary" for "Secretary or his delegate" in subsec. (b), effective 2/1/ 7. In '66, P.L. 89-809, Sec. 108, amended subsec. (a)(2) for estates of decedents dying after Nov. 11, '66 Prior to amendment a return was required if the gross US estate exceeded $2,000. 3019. Gift tax returns. general: y individual who in any calendar quarter makes ransfers by gift (other than transfers which under 2503(b) are not to be included in the total ant of gifts for such quarter and other than qualicharitable transfers) shall make a return for such er with respect to the gift tax imposed by subtitle calified charitable transfers. Return requirement. A return shall be made of qualified charitable transfer A) for the first calendar quarter, in the calendar ear in which the transfer is made, for which a eturn is required to be filed under subsection (a), (B) if no return is required to be filed under ubparagraph (A), for the fourth calendar quarter n the calendar year in which such transfer is made. return made pursuant to the provisions of this agraph shall be deemed to be a return with respect any transfer reported as a qualified charitable asfer for the calendar quarter in which such transwas made. Definition of qualified charitable transfer. For poses of this section, the term "qualified charitable nsfer" means a transfer by gift with respect to Attachment 3 Code Sec. 6021 which a deduction is allowable under section 2522 in an amount equal to the amount transferred. (c) Tenancy by the entirety. For provisions relating to requirement of return in the case of election as to the treatment of gift by creation of tenancy by the entirety, see section 2515(c). Sec. In 70, P.L. 91-614, Sec. 102(d)3), substituted new Sec. 6019, effective for gifts made after 12/31/70. Prior to amendment, it read as follows: "SEC. 6019. GIFT TAX RETURNS. "(a) In general. "Any individual who in any calendar year makes any transfers by gift (except those which under section 2503(b) are not to be included in the total amount of gifts for such year) shall make a return with respect to the gift tax imposed by subtitle B. "(b) Tenancy by the entirety. "For provisions relating to requirement of return in the case of election as to the treatment of gift by creation of tenancy by the entirety, see section 2515(c)." SUBPART D.-MISCELLANEOUS PROVISIONS 6020. Returns prepared for or executed by Secretary. 6021. Listing by Secretary of taxable objects owned by nonresidents of internal revenue districts. Sec. 6020. Returns prepared for or executed by Secretary. (a) Preparation of return by Secretary. If any person shall fail to make a return required by this title or by regulations prescribed thereunder, but shall consent to disclose all information necessary for the preparation thereof, then, and in that case, the Secretary may prepare such return, which, being signed by such person, may be received by the Secretary as the return of such person. (b) Execution of return by Secretary. (1) Authority of Secretary to execute return. If any person fails to make any return (other than a declaration of estimated tax required under section 6015) required by an internal revenue law or regulation made thereunder at the time prescribed therefor, or makes, willfully or otherwise, a false or fraudulent return, the Secretary shall make such return from his own knowledge and from such information as he can obtain through testimony or otherwise. (2) Status of returns. Any return so made and subscribed by the Secretary shall be prima facie good and sufficient for all legal purposes. In 76, P.L. 94-455, Sec. 1906(b)(13)(A), substituted "Secre tary" for "Secretary or his delegate" each place it appeared in Code Sec. 6020, effective 2/1/77. In '68, P.L. 90-364, Sec. 103, amended subsec. (b)(1) by deleting "or 6016" at end of parenthetical phrase, applicable with respect to tax yrs begin after 12/31/67. For special provision on effective date see Sec. 104 of the P. L, reproduced after Code Sec. 6425. Sec. 6021. Listing by Secretary of taxable objects owned by nonresidents of internal revenue districts. Whenever there are in any internal revenue district any articles subject to tax, which are not owned or possessed by or under the care or control of any person within such district, and of which no list has been transmitted to the Secretary, as required by law or by regulations prescribed pursuant to law, the Secretary shall enter the premises where such articles are situated, 909 This letter is a NOTICE OF DEFICIENCY--as required by law-that we have determined the income tax deficiencies shown above. We regret we have been unable to reach a satisfactory agreement in your case. The enclosed statement shows how the deficiencies were computed. If you do not intend to contest this determination in the United States Tax Court, please sign and return the enclosed waiver form. This will permit an early assessment of the deficiencies and limit the accumulation of interest. The enclosed self-addressed envelope is for your convenience. If you decide not to sign and return the waiver, the law requires that after 90 days from the date of mailing this letter (150 days if this letter is addressed to you outside the United States) we assess and bill you for the deficiencies. However, if within the time stated you contest this determination by filing a petition with the United States Tax Court, 400 Second Street, N.W., Washington, D.C. 20217, we may not assess any deficiencies and bill you until after the Tax Court has decided your case. You can obtain a copy of the rules for filing a petition by writing to the Clerk of the Tax Court at the Court's Washington, D. C. address stated above. If you intend to file a petition with the United States Tax Court, you must do so within the time stated above (90 or 150 days, as the case may be); this period is fixed by law, and the Court cannot consider your case if your petition is filed late. If you have any questions, please contact the person whose name and telephone number are shown above. It is determined that all or part of the underpayment of tax required to be shown on your return for the taxable year ended December 31, 1971 is due to negligence or intentional disregard of rules and regulations. Consequently, the 5 per centum addition to the tax provided by section 6653(a) of the Internal Revenue Code is asserted. See the attached explanation for the above deficiencies I consent to the immediate assessment and collection of the deficiencies (increase in tax and penalties) shown above, plus any interest provided by law. If you consent to the assessment of the amounts shown in this waiver, please sign and return the form in order to limit the accrual of interest and expedite our bill to you. Your consent will not prevent you from filing a claim for refund (after you have paid the tax) if you later believe you are so entitled; nor prevent us from later determining, if necessary, that you owe additional tax; nor extend the time provided by law for either action. If you later file a claim and the Internal Revenue Service disallows it, you may file suit for refund in a district court or in the United States Court of Claims, but you may not file a petition with the United States Tax Court. Who Must Sign If you filed jointly, both you and your spouse must sign. If the taxpayer is a corporation this waiver must be signed with the corporate name followed by the signatures and titles of the officers authorized to sign. Your attorney or agent may sign this waiver provided his action is specifically authorized by a power of attorney which, if not previously filed, must accompany this form. If this waiver is signed by a person acting in a fiduciary capacity (for example, an executor, administrator, or a trustee), Form 56, Notice of Fiduciary Relationship, should, unless previously filed, accompany this form. If you agree, please sign one copy and return it; keep the other copy for your records. Form 4089 (Rev. 11-74) It is determined that all or part of the underpayment of tax required to be shown on your return for the taxable year ended December 31, 1971 is due to negligence or intentional disregard of rules and regulations. Consequently, the 5 per centum addition to the tax provided by section 6653(a) of the Internal Revenue Code is asserted. - See the attached explanation for the above deficiencies I consent to the immediate assessment and collection of the deficiencies (increase in tax and penalties) shown above, plus any interest provided by law. If you consent to the assessment of the amounts shown in this waiver, please sign and return the form in order to limit the accrual of interest and expedite our bill to you. Your consent will not prevent you from filing a claim for refund (after you have paid the tax) if you later believe you are so entitled; nor prevent us from later determining, if necessary, that you owe additional tax; nor extend the time provided by law for either action. If you later file a claim and the Internal Revenue Service disallows it, you may file suit for refund in a district court or in the United States Court of Claims, but you may not file a petition with the United States Tax Court. Who Must Sign If you filed jointly, both you and your spouse must sign. If the taxpayer is a corporation this waiver must be signed with the corporate name followed by the signatures and titles of the officers authorized to sign. Your attorney or agent may sign this waiver provided his action is specifically authorized by a power of attorney which, if not previously filed, must accompany this form. If this waiver is signed by a person acting in a fiduciary capacity (for example, an executor, administrator, or a trustee), Form 56, Notice of Fiduciary Relationship, should, unless previously filed, accompany this form. If you agree, please sign one copy and return it; keep the other copy for your records. Form 4089 (Rev. 11-74) |