Estate of Kimberly A. Hicks, Deceased, Key Trust Company of Ohio, N.A., Administrator - Page 14




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          tax-motivated” proceeding of the sort we condemned in Robinson v.           
          Commissioner, 102 T.C. 116, 129 (1994), affd. in part and revd.             
          in part 70 F.3d 34 (5th Cir. 1995).  In the Commissioner’s view,            
          the Probate Court’s review is colored by the undisputed fact the            
          Hickses themselves proposed the allocations, and Kimberly and her           
          father did not have adverse interests in how the settlement                 
          proceeds were distributed.  The Commissioner reasonably suspects            
          that this might mean the form of the allocations has little                 
          relation to economic reality, and that the disputed $1 million              
          was Kimberly’s at all times.                                                
               We disagree at the outset with the Commissioner’s unlinking            
          of the $1 million repayment feature of the loan from its                    
          associated income stream.  That income stream was Clyde’s from              
          the start, and it is plain error as a matter of economics to say            
          in effect that it was valueless.  Because the note was callable             
          at Kimberly’s death, we can estimate its present value as of the            
          Probate Court’s allocation by using her life expectancy at that             
          time.  That was the subject of considerable dispute, and the                
          Commissioner argues that it ranged between 4 and 50 years.  The             
          annual payment to Clyde was fixed at $60,000.  If one uses a                
          discount rate of 10% to this income stream (at the time, long-              












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