@macuser_22 wrote:
Then what is the point of *anyone* with less then $11 million in assets to ever file a 709? AFAIK the 709 is the form that *applies* the exemption, without it then there is not exemption. I believe other code sections actually apply the tax (§2500-2501 possibly).
A 709 is required to be filed regardless of whether or not tax is due; that is clearly in the Regs (see the cite in my previous post).
Regardless, it is the Code and the Regs that apply the exemption, not the form. I have also read the relevant sections of the Code and Regs and cannot find anything that abrogates the exclusion as a penalty for failing to file Form 709.
