- 17 - 1977) (citing Beam v. Bank of America, 490 P.2d 257 (Cal. 1971)). Where one spouse exchanges his separate property for new property, the new property remains his separate property. Nace v. Nace, 448 P.2d 76, 79 (Ariz. 1968) ("Property purchased during marriage with separate property remains such."). B. The Federal Estate Tax The Federal estate tax law requires that there shall be included in the value of the gross estate the value of all property to the extent of the decedent’s interest therein at the time of his death. Sec. 2033. In determining the value of the taxable estate, there is allowed a deduction for the value of any interest in property that is included in the gross estate and that passes from the decedent to the surviving spouse. Sec. 2056(a). One-half of the value of property held in community (that being the decedent's interest in the property) is includable in a decedent's gross estate. Ahmanson Foundation v. United States, 674 F.2d 761, 773 (9th Cir. 1981) ("The surviving spouse's [one-half interest in] community property is excluded from the gross estate".); see also Estate of Lepoutre v. Commissioner, 62 T.C. 84, 88 (1974); Estate of Vandenhoeck v. Commissioner, 4 T.C. 125, 135-136 (1944). Property passing to the surviving spouse by intestate succession qualifies for the deduction provided for in section 2056(a) (the marital deduction). Sec. 20.2056(c)-1(a)(5), Estate Tax Regs. Thus, if we find that the Bard property was decedent’s separate property,Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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