D died with a gross estate of $6 million, which included real property that was used by the decedent at

D died with a gross estate of $6 million, which included real property that was used by the decedent at

Question:

D died with a gross estate of $6 million, which included real property that was used by the decedent at his death in a truck farming business. What additional information do you need to determine whether the personal representative can make a special use valuation election under § 2032A? Would it matter if D devised the farm to his surviving spouse, a nephew, or to an unrelated person? Would it matter if D had rented the farm to a nephew before D’s death? What would happen if a valid § 2032A election was made, but seven years after D’s death, the nephew, who was the devisee of the property, leased it to D’s brother? Would it matter if the nephew sold it to D’s brother?

Expert Answer:

Answer rating: 100% (QA)

1 Qualifying Use The real property must be used for a qualified use at the decedent s death In this
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