- -3 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011