Jack J. Grynberg - Page 9




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               In the statutory notice, respondent treated petitioner’s                  
          intrafamily transfers as gifts valued at $9,309,593.  Before                   
          trial, the parties agreed to have an arbitration panel decide the              
          value of these interests at the time of transfer, without regard               
          to any encumbrances on the properties.  The parties have called                
          upon this Court to decide whether (and, if so, by how much)                    
          adverse claims of title would affect the panel’s appraisals of                 
          value.  The panel, made up of two partisan arbitrators who chose               
          a third neutral one, fixed the unencumbered values of these                    
          interests at $1,455,914; i.e., the mineral leases transferred to               
          Mrs. Grynberg were $1,404,902, the overriding royalties assigned               
          to the children’s trusts were $50,412, and the overriding                      
          royalties assigned to his wife were $600.  Approximately 11                    
          percent of the total value of mineral interests assigned was                   
          subject to judgment liens or lis pendens.                                      
                                        OPINION                                          
          The Spousal Assignments                                                        
               The first issue is whether any of the transfers to Mrs.                   
          Grynberg were gifts giving rise to Federal gift taxes.  We note                
          that the transfers took place before the advent of the unlimited               
          marital deduction under section 2523(a) (as amended and in effect              
          currently).4                                                                   

               4The Economic Recovery Tax Act of 1981, Pub. L. 97–34, sec.               
          403(b)(1), 95 Stat. 172, 301, broadened the gift tax marital                   
                                                               (continued...)            





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