Rev. Rul. 69-563

A, an individual, died in August 1968. On April 1, 1969, the executor of the estate filed Form 2758, Application for Extension of Time to file U.S. Fiduciary or Partnership Return, and paid 25 percent of the estimated tax for the period of the estate beginning on the date of A's death and ending December 31, 1968, as provided in section 6081(a) of the Internal Revenue Code of 1954. Extension of time until June 15, 1969, was granted. However, the U.S. Fiduciary Income Tax Return (Form 1041), filed on June 14, 1969, was based upon a fiscal year ended April 30, 1969. Held, the estate has established a calendar year accounting period within the meaning of section 441(c) of the Code and sections 1.441-1(c) and 1.443-1(a)(2) of the Income Tax Regulations, since the Form 2758 filed by the executor indicated a calendar year ending December 31, 1968. See Revenue Ruling 57-589, C.B. 1957-2, 298, wherein the information contained in Form 7004, Application for Automatic Extension of Time to File U.S. Corporation Income Tax Return, filed by a corporation was sufficient to establish a calendar year accounting period for the corporation. In the instant case, the executor must file the first income tax return (Form 1041) for the estate covering the period beginning with the date of A's death and ending December 31, 1968. Any change to another accounting period requires the prior approval of the Commissioner. See section 442 of the Code and section 1.442-1 of the regulations.