Estate of Emerson Winkler, Deceased, Thomas Winkler and Darrell S. Winkler, Co-Executors, et al. - Page 18

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                  Respondent also determined a deficiency of $281,038                  
             in the Estate of Emerson Winkler's estate tax.  Respondent                
             reached this determination by increasing the value of                     
             Mr. Winkler's lifetime taxable gifts by $757,007, and by                  
             making adjustments to the marital deduction that are not                  
             disputed.  Respondent did not recognize the Estate's                      
             protective QTIP election, and did not increase the marital                
             deduction for any portion of the residuary trust.                         

                                       OPINION                                         
                  Respondent determined that Mrs. Winkler purchased the                
             value of the winning Lotto ticket on her own behalf and                   
             made a gift of a 10-percent interest in the ticket to each                
             of her five children.  As mentioned above, respondent                     
             asserts that the aggregate value of these gifts, totaling                 
             50 percent of the value of the winning ticket, is                         
             $1,514,014.35.                                                            
                  Petitioners argue that Mrs. Winkler purchased the                    
             winning ticket on behalf of a pre-existing family partner-                
             ship.  Petitioners contend that although the written E & E                
             Family Partnership agreement was not executed until after                 
             the winning numbers were announced, an oral partnership                   
             agreement existed prior to the time Mrs. Winkler purchased                
             the ticket.  Thus, petitioners argue that each member of                  
             the Winkler family was entitled to receive a portion of the               




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