Estate of Anne F. Greco, Deceased, Frederick D. Greco, Co-Administrator - Page 6

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          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 estate             




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