Estate of Lewis A. Bailey, Deceased, Frances Jeanette Foster, Executrix - Page 35




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          acquiring any interest in either the Lake Catherine property or             
          the promissory note.                                                        
               Accordingly, we sustain respondent’s determination on this             
          issue.                                                                      
               Other Taxable Gifts                                                    
               In the notice of deficiency, respondent determined, without            
          explanation, that decedent made unreported taxable gifts of                 
          $20,000 and $10,000 in 1989 and 1993, respectively.  On brief,              
          respondent contends, with only slightly more specificity, that              
          this determination is predicated on certain of decedent’s gifts             
          of C&L Bailey stock to Roger, Frances, and Lillian.                         
              Petitioner concedes that decedent made gifts of C&L Bailey             
          stock to Roger, Frances, and Lillian but contends they each                 
          received no more than two shares of C&L Bailey stock in any given           
          year.  The parties have stipulated that from 1989 through 1993,             
          C&L Bailey redeemed 100 of its shares for $5,000 per share.                 
          Therefore, petitioner concludes, each share of stock that                   
          decedent gave away had a value of $5,000, so that his total                 
          annual gift to each donee was $10,000-–an amount equal to the               
          annual exclusion.  Thus, petitioner concludes, decedent’s gifts             
          of C&L Bailey stock properly were not reported as taxable gifts.            
               Although petitioner’s assumption of a $5,000 value for the             
          stock shares in question seems questionable, respondent does not            








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