Estate of Wayne-Chi Young, Deceased, Tsai-Hsiu Hsu Yang, Executrix - Page 29

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          Tyler v. United States, 281 U.S. 497, 503-504 (1930).  The                  
          possession by the decedent of the right of survivorship justifies           
          the inclusion in the decedent's gross estate due to its                     
          "generating source."                                                        
               Congress has the power to levy a tax upon the occasion of a            
          joint tenant's acquiring the status of survivor at the death of             
          the other joint tenant.  United States v. Jacobs, 306 U.S. 363,             
          367 (1939).                                                                 
               [The] termination of a joint tenancy marked by a change in             
               the nature of ownership of property was designated by                  
               Congress as an appropriate occasion for the imposition of a            
               tax. * * * It is immaterial that Congress chose to measure             
               the amount of the tax by a percentage of the total value of            
               the property, rather than by a part, or by a set sum for               
               each such change.  The wisdom both of the tax and of its               
               measurement was for Congress to determine.                             
          Id. at 371.                                                                 
               In arguing that section 2040 is a mere includability                   
          section, petitioner focuses on the language in "to the extent of            
          the interest therein."  According to petitioner, section 2040               
          merely determines the interest to be included in decedent's gross           
          estate.  In light of similar language in section 2033, petitioner           
          argues that discounts should be available to joint tenancy under            
          the valuation provision of section 2031.                                    
               We think petitioner's focus is incomplete.  In addition to             
          the cited language, section 2040(a) also provides the following             
          introductory language:  "The value of the gross estate shall                
          include the value of all property to the extent of the interest             




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