- 2 - MEMORANDUM FINDINGS OF FACT AND OPINION HALPERN, Judge: Respondent has determined a deficiency in Federal estate tax of $1,837,266 and an accuracy related penalty of $367,453. Respondent’s determination of a deficiency relates primarily to her determination that certain property was the separate property of decedent John Kenly (decedent) at the time of his death and was not community property. As a result of concessions made by respondent, the only issue we must decide is whether the property in question was separate property or community property. Unless otherwise noted, all section references are to the Internal Revenue Code in effect at the time of decedent's death, and all Rule references are to the Tax Court Rules of Practice and Procedure. FINDINGS OF FACT Some facts have been stipulated and are so found. The stipulations of fact filed by the parties and accompanying exhibits are incorporated herein by this reference. In the petition, petitioner Betty B. Kenly (petitioner) represents that her address is in Meadview, Arizona. Decedent died intestate on December 23, 1990. At the time of his death, decedent was married to petitioner. Decedent and petitioner had been married for 35 years, and they had resided in Arizona for all of that time. Decedent was also survived by two sons, Mark and Rodney Kenly, and by several grandchildren.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011