Federal Tax Day - Current, L.7, Code Sec. 2010: Entities Granted Extension to Make Portability Elections (LTR 202634007, 202634008), (Aug 24, 2026)

In each of the two cases, a decedent’s estate was granted a 120-day extension to make a portability election under Code Sec. 2010(c)(5)(A) to allow the surviving spouse to take into account the decedent’s deceased spousal unused exclusion (DSUE) amount. For various reasons, estate tax returns were not timely filed and portability elections were not made. Further, the estates met the requirements under Reg. §§301.9100-1 and 301.9100-3, having acted reasonably and in good faith. Therefore, granting relief did not prejudice the government’s interests.

IRS Letter Ruling 202634007

IRS Letter Ruling 202634008