Arvid E. Jackson - Page 3

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            over and distributed in equal shares to the children of Mr.                                   
            Jackson.  Mr. Jackson's children are:  Laura H. Jackson (Laura),                              
            Ted K. Jackson IV (Ted), and Caroline A. Jackson (Caroline).                                  
            Laura and Ted are the children of Mr. Jackson and petitioner.                                 
            Caroline is the daughter of Mr. Jackson, but she is not the                                   
            daughter of petitioner.                                                                       
                  On her Federal income tax return for each of the taxable                                
            years 1991 and 1992, petitioner claimed $23,664.74 as a deduction                             
            for amortization of her life interest in the trust.  She                                      
            calculated this amount by subtracting from the basis of the trust                             
            the fair market value of the remainder interest in the trust,                                 
            $60,584.56, to arrive at the value of her life interest in the                                
            trust, $538,136.24, and dividing the value of her life interest                               
            by her life expectancy, which she incorrectly determined to be                                
            22.74 years.  Petitioner's correct life expectancy at the time                                
            the trust was established was 33.9 years, which would result in a                             
            yearly amortization amount of $15,874.                                                        
                  In the notice of deficiency, respondent disallowed the                                  
            amortization deductions claimed by petitioner for 1991 and 1992,                              
            stating that the life interest petitioner received was a property                             
            settlement and, therefore, not amortizable.  Petitioner contends                              
            that she received the life interest in exchange for her marital                               
            rights and, therefore, it is amortizable.                                                     
                  Generally, a taxpayer may amortize his cost basis in a                                  
            purchased life interest over his life expectancy.  See Gist v.                                




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