Estate of Ethel S. Nowell, Deceased, David A. Prechel, Personal Representative - Page 11




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               These principles are equally applicable to the case before             
          us.  Analysis of section 2044 and the accompanying regulations              
          thereunder does not indicate that Congress intended that property           
          interests includable under section 2044 should be merged or                 
          aggregated with interests in the same property included in the              
          estate pursuant to section 2038 for purposes of determining                 
          Federal estate tax value.  Section 2044 provides only that the              
          value of property in the gross estate shall include property in             
          which the decedent had a qualifying income interest for life and            
          that the inclusion of such property shall be at its fair market             
          value.  Sec. 20.2044-1(d), Estate Tax Regs.  Section 2044(c)                
          treats QTIP property as "passing from the decedent" but does not            
          indicate that the decedent should be treated as the owner of such           
          property for purposes of aggregation.  Thus, the partnership                
          interests included pursuant to section 2038 and section 2044                
          should be valued separately.                                                
          Issue 2                                                                     
               The second issue for decision is whether the interests in              
          the two partnerships passing at death should be valued for                  
          Federal estate tax purposes as "assignee" interests or as                   
          partnership interests.                                                      
               The Federal estate tax is a tax on the privilege of                    
          transferring property upon one's death.  United States v.                   
          Manufacturers Natl. Bank of Detroit, 363 U.S. 194, 198 (1960).              





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