Section 6166(b)(1)(C) - Example 10 |
Decedent owned 30% of the voting stock in Corporation C and 40% of the voting stock in Corporation D. Both corporations have more than 45 shareholders. More than 20% in value of the voting stock in each corporation is included in the Decedent's gross estate, satisfying the requirements of §6166(b)(1)(C)(i). The estate tax value of the Corporation C stock is less than 35% of the §6166(b)(6) adjusted gross estate, while the estate tax value of the Corporation D stock exceeds 35% of the adjusted gross estate. |
The estate wishes to combine the estate tax values of each Corporation to be treated as an interest in a single closely held business under §6166(c). Section 6166(c) requires that 20% or more of the total values of Corporation C and Corporation D must be included in Decedent's gross estate. |
However, Corporation C has 3 classes of stock, only one of which is voting stock. The estate tax value of Decedent's interest in Corporation C is less than 20% of the total value of Corporation C. |
Result: The estate tax values of Decedent's interests in Corporations C and D cannot be combined to be treated as an interest in a single closely held business for purposes of §6166 even though the requirements of §6166(b)(1)(C)(i) have been satisfied. Only the tax attributable to Corporation D may be extended under §6166, but not the tax attributable to both; the estate must choose which closely held business is to be the subject of an extension under §6166. |
Section 6166(b)(1)(C) - Example 10
§6166(c) Election Requires a §6166(b)(7) Election
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Corporation C - 50 Shareholders | ||||
Stock Class | Shares Outstanding | Shares Owned by Decedent | ||
Voting common | 10,000 | 3,000 | ||
Non-voting common | 10,000 | 0 | ||
Non-voting preferred | 1,000 | 0 | ||
Corporation D - 60 Shareholders | ||||
Voting common | 10,000 | 4,000 |
Corporation C - §6166(b)(1)(C)(i) 20% Test | ||||
Full value of Corporation C voting common stock | 50,000,000.00 | |||
Outstanding shares of voting common stock | 10,000 | |||
Per-share value of Corporation C voting common stock | 5,000.00 | |||
Valuation discounts | 28% | |||
§6166(b)(4) discounted estate tax value per share | 3,600.00 | |||
Shares of Corporation C voting common stock owned by Decedent at date of death (30% of the total outstanding) | 3,000 | |||
§6166(b)(4) estate tax value of Decedent's 3,000 shares of voting stock of Corporation C | 10,800,000.00 | |||
Percentage in value of Corporation C voting common stock included in determining Decedent's gross estate - the 20% test of §6166(b)(1)(C)(i) is satisfied | 21.60% |
§6166(b)(6) Adjusted Gross Estate Computation | ||||
Gross estate | 38,300,000.00 | |||
Sections J, K, and L deductions - §2053 and §2054 | 5,250,000.00 | |||
§6166(b)(6) adjusted gross estate | 15,590,000.00 | |||
§6166(a)(2) Ratio Computation | ||||
Section 6166 closely held business amount - Corporation C alone | 10,800,000.00 | |||
Section 6166(b)(6) adjusted gross estate | 33,050,000.00 | |||
Section 6166(a)(2) ratio - maximum amount of tax which may be paid in installments - does not qualify for a §6166 extension - ratio is less than 0.350000. | 0.326778 |
Corporation D - §6166(b)(1)(C)(i) 20% Test | ||||
Full value of Corporation D voting common stock | 45,000,000.00 | |||
Outstanding shares of voting common stock - 40% owned by Decedent | 10,000 | |||
Per-share value of Corporation D voting common stock | 4,500.00 | |||
Valuation discounts | 25% | |||
§6166(b)(4) discounted estate tax value per share | 3,375.00 | |||
Shares of Corporation D voting common stock owned by Decedent at date of death (40% of the total outstanding) | 4,000 | |||
§6166(b)(4) estate tax value of Decedent's 4,000 shares of voting stock of Corporation D | 13,500,000.00 | |||
Percentage in value of Corporation D voting common stock included in determining Decedent's gross estate - the 20% test of §6166(b)(1)(C)(i) is satisfied | 30.00% |
The §6166(c) 20% Determinations | ||||
Corporation C | ||||
Corporation C voting common stock full value | 50,000,000.00 | |||
Corporation C non-voting common stock full value | 35,000,000.00 | |||
Corporation C non-voting preferred stock full value | 15,000,000.00 | |||
Total value of Corporation C | 100,000,000.00 | |||
§6166(b)(4) estate tax value of Decedent's 3,000 shares of voting stock of Corporation C included in determining Decedent's gross estate | 10,800,000.00 | |||
Percentage of total value of Corporation C included in determining Decedent's gross estate - does not satisfy the 20% of total value test of §6166(c) | 10.80% | |||
Corporation D | ||||
Total value of Corporation D | 45,000,000.00 | |||
§6166(b)(4) estate tax value of Decedent's 4,000 shares of voting stock of Corporation D included in determining Decedent's gross estate | 13,500,000.00 | |||
Percentage of total value of Corporation D included in determining Decedent's gross estate - satisfies the 20% of total value test of §6166(c) | 30.00% | |||
The estate tax values of Decedent's interests in Corporation C and Corporation D cannot be combined to be treated as an interest in a single closely held business - the 20% test of §6166(c) is not satisfied as to Corporation C. The estate can file a regular §6166(a) 14-year election only for the estate tax attributable to Corporation D, as the estate tax value of Decedent's interest in Corporation C is less than 35% of the adjusted gross estate. |
§6166(b)(6) Adjusted Gross Estate Computation | ||||
Gross estate | 38,300,000.00 | |||
Sections J, K, and L deductions - §2053 and §2054 | 5,250,000.00 | |||
§6166(b)(6) adjusted gross estate | 15,590,000.00 | |||
§6166(a)(2) Ratio Computation | ||||
Section 6166 closely held business amount - Corporation D alone | 13,500,000.00 | |||
Section 6166(b)(6) adjusted gross estate | 33,050,000.00 | |||
Section 6166(a)(2) ratio - maximum amount of tax which may be paid in installments - Qualifies for a §6166(a) 14-year Extension - ratio is greater than 0.350000. | 0.408472 |
6166(b)(1)(C) Example 10, Comment 1: Section 6166(b)(4) provides that for purposes of section 6166, "value" shall be the value determined for purposes of determining the Decedent's gross estate. |