Estate of Ethel S. Nowell, Deceased, David A. Prechel, Personal Representative - Page 9




                                        - 9 -                                         

          included in the decedent's gross estate pursuant to sections 2031           
          through 2044 is generally included at its fair market value, the            
          price at which the property would change hands between a willing            
          buyer and a willing seller, neither being under any compulsion to           
          buy or sell, and both having reasonable knowledge of the relevant           
          facts.  Sec. 2031; United States v. Cartwright, 411 U.S. 546, 551           
          (1973); sec. 20.2031-1(b), Estate Tax Regs.                                 
               The partnership interests that were held by the revocable              
          trust are included in decedent's gross estate pursuant to section           
          2038, and the partnership interests that were held by the QTIP              
          trusts are included in decedent's gross estate pursuant to                  
          section 2044.  Respondent argues that, in valuing the partnership           
          interest for Federal estate tax purposes, the decedent should be            
          treated as the owner of property included in the estate pursuant            
          to section 2044 and that the respective partnership interests               
          held by the trusts should merge or be aggregated.  Accordingly,             
          respondent concludes that decedent's estate should be taxed on an           
          84.1-percent limited partnership interest in PFLP, a 99.9-percent           
          general partnership interest in PFLP, and a 100-percent limited             
          partnership interest in ESNGLP, rather than on the separate                 
          partnership interests owned by each trust.                                  
               We rejected respondent's aggregation argument in Estate of             
          Mellinger v. Commissioner, 112 T.C. 26 (1999), filed this date,             
          and we find no reason to reach a different conclusion in this               





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011