Estate of Anne F. Greco, Deceased, Frederick D. Greco, Co-Administrator - Page 8

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          under section 2040.  The conveyance to decedent's spouse and                
          decedent in 1974 was to place title in decedent and her spouse by           
          the entireties; each one of them thereafter owned the property,             
          per tout et non per my, under the amiable fiction of the common             
          law that husband and wife are one; each one owned the entire                
          interest in the property, not just a life estate; and had either            
          of them died while the tenancy continued, the survivor would have           
          become the sole owner.  Alexander v. Alexander, 154 Or. 317, 58             
          P.2d 1265 (1936); Heffner v. White, 113 Ind. Ct. App. 296, 45               
          N.E.2d 342 (1942).                                                          
               Petitioner next argues that the value of the whole estate              
          should have been included in the estate of decedent's spouse,               
          pursuant to section 2035, because the transfer was made within 3            
          years of decedent's death.  As was discussed earlier, the tenancy           
          by the entireties was created in 1974; the gift to decedent's               
          children was in 1986; and the latter gift was not includable in             
          the gross estate of decedent's spouse under section 2035.  See              
          section 2035(d).                                                            
               Petitioner finally argues that pursuant to Virginia law, the           
          gift of the remainder to the four grandchildren qualified for a             
          $10,000 exemption each under section 2503(b) because the rights             
          in the grandchildren were vested, albeit subject to divestment.             
               as we have often had occasion to point out, the revenue                
               laws are to be construed in the light of their general                 
               purpose to establish a nationwide scheme of taxation                   
               uniform in its application.  Hence their provisions are                
               not to be taken as subject to state control or                         




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