Section 9-206. SUSPENSION OF VALUATION AND IMPOSITION OF TAX

 

206.1Under the following circumstances, final valuation of an estate and final imposition of tax shall be suspended until such time as, in the opinion of the Deputy Chief Financial Officer, sufficient facts are available for proper determination of the tax:

 

(a) If part of the decedents estate consists of an interest in an estate which has not been settled;

 

(b) If the right to take under a will is in litigation;

 

(c) If the determination of tax based on the return of the beneficiary is contingent upon certain information to be disclosed in the return of the personal representative;

 

(d) If the value of the decedent's interest in a partnership cannot be determined at the time of death; or

 

(e) If the determination of the existence, nature, or value of the property or interest subject to tax depends upon the outcome of litigation; the happening of an event which has not occurred; or the determination of a fact undetermined at the time of decedent's death.

 

206.2If, in the opinion of the Deputy Chief Financial Officer, circumstances other than those listed in § 206.1 are such that the tax should be suspended, the Deputy Chief Financial Officer shall authorize suspension; Provided, that in all cases, the imposition of the tax shall be suspended only with respect to that portion of the property which in the opinion of the Deputy Chief Financial Officer cannot be properly assessed.

 

206.3If the nature of the property or the interest subject to the tax cannot be more certainly ascertained by postponing the valuation, the imposition of the tax shall not be postponed.

 

source

Commissioners' Order 299-637/12, effective June 14, 1944, 16 DCRR § 406.