“The plain language of the statute limits the statutory executor to the estate tax regime,” states Chief Counsel Advice Number 201405016 (released Jan. 31, 2014). In this CCA, the underlying question was who could waive restrictions or extend the assessment statute expiration date for a decedent’s delinquent income tax returns. 

 

Limitations

The Internal Revenue Service didn’t address the underlying question because Internal Revenue Code Section 2203, “Definition of Executor,” doesn’t extend the statutory executor concept beyond the estate tax.  That is, it doesn’t provide any authority to execute the appropriate form to waive restrictions for assessment of income tax or to execute the appropriate form to waive restrictions on assessment of gift tax.

 

Bottom Line

IRC Section 2203 doesn’t give a statutory executor any authority in the income tax regime, the gift tax regime or the generation-skipping transfer tax regime.