Article on IRC § 2053 Protective Claims

Ryan A. Walsh (Hamilton Thies & Lorch LLP) recentlypublished an article entitled, IRC § 2053 Protective Claims for Refund Using New Schedule PC, Probate & Property Vol. 27 No. 6(November/December 2013).  Provided belowis the beginning of his article: 

Rev. Proc. 2011-48 sets forthnew procedures for filing a protective claim for IRC § 2053 protective claimsusing the new Schedule PC.  For adecedent dying before 2012 for whom a federal estate tax return was filed, if aright to a refund was contingent on a future event and would not bedeterminable until after the time period for filing a claim for refund wouldexpire, a protective claim for refund was made either by filing an amendedreturn or by filing a Form 843, Claim for Refund and Request for Abatement,with the notation “Protective Claim” entered at the top of page 1 of theForm.  Before October 20, 2009, fordeductions under IRC § 2053, such protective claims were often unnecessarybecause many such deductions were allowed based on estimated amounts that wouldbe paid in the future.