- 5 - were about $800,000, which resulted in a $100,000 cash distribution to decedent’s living trust during December 1989. All testing of the realty had been completed during the spring of 1990; thereafter, the trustee set a $24 million asking price for Residence. Decedent, throughout the entire time and until the date of her death on May 2, 1990, resided in Residence. The trustee received a $17,500,000 cash offer on June 8, 1990, from a former Apple Computer executive, which was accepted on June 11, 1990. The sale closed on June 29, 1990. Decedent’s living trust received a $6,300,000 distribution during August 1990. After the real estate closing, a dispute arose over the fee of the trustee of the Liquidating Trust. During September 1991, decedent’s living trust received a $1,500,000 distribution from the Liquidating Trust. After the settlement of the litigation concerning the trustee’s fee, an additional $190,000 was received by decedent’s living trust. The parties agree that the Liquidating Trust’s net value (without any discount) at the time of decedent’s death was $16,779,630. The original estate tax return, filed August 2, 1991, reported a $6,948,806 value for decedent’s interest in the Liquidating Trust (including a 15-percent discount). Following respondent’s issuance of the notice of deficiency, petitioner filed a refund claim using a 25-percent discount for marketability. Petitioner, at trial and on brief, seeks a 50-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011