6 spouse as a tenant by the entireties with decedent was included in the gross estate of decedent's spouse by virtue of section 2035; rather, that estate included the value of decedent's spouse's one-half of the split gift as an adjusted taxable gift made during the lifetime of decedent's spouse under section 2001(b). Under section 2040, property held at death by two spouses as tenants by the entireties is subject to estate taxation upon death of one, to the extent of one-half the value. Sec. 2040(b). Petitioner argues that because decedent received the property (as tenant by the entireties) from decedent's spouse in 1974 for no consideration from decedent, upon the death of decedent's spouse, the full amount of the value of the property should have been included in decedent's spouse's estate pursuant to section 2040. Section 2040 applies only to property held by a decedent and another person at the time of death. Glaser v. United States, 306 F.2d 57 (7th Cir. 1962). In the case at bar, decedent's spouse did not have an interest in the real property at the time of his death because decedent and decedent's spouse, as tenants by the entireties, gifted away their interest in 1986 to Edward F. and Frederick, as life tenants, with the remainder to the donors' grandchildren. Petitioner asserts on brief that the whole interest held by decedent and decedent's spouse should have been included in the estate of decedent's spouse. Where a gift is made within 3 years of death, and comes back into the estatePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011