- 18 - the full value of that property is includable in the gross estate, and the marital deduction equals one-third. If we find that the Bard property was community property, then only one-half of the value of that property is includable in the gross estate, and the marital deduction equals that one-half. Petitioner bears the burden of proof. Rule 142(a). III. Analysis A. Introduction The parties agree that decedent’s ownership of the Bard property can, at least in major part, be traced back to decedent’s ownership of an interest in the New Mexico ranch.3 We must decide whether the New Mexico ranch was community property or separate property in decedent's hands at the time he acquired his interest therein. If decedent acquired his interest in the New Mexico ranch as separate property, we must determine whether 3 On brief, petitioner states: “The evidence shows that the Bard Ranch property was acquired in exchange for Dunlap property in Arizona which was exchanged for the * * * [New Mexico] Ranch property in New Mexico.” Petitioner ignores the fact that 125 acres of the Bard property was acquired by purchase. Petitioner has neither averred nor proposed as a finding of fact that any of the purchase price of that 125 acres was paid with community funds. Indeed, we have found that a substantial portion of the purchase price was paid by decedent’s mother. That, of course, suggests a gift to decedent. We assume from petitioner’s failure to plead or propose facts consistent with decedent’s purchase of his interest in the property with community funds that petitioner relies solely on the argument that, although not initially community property, decedent’s interest in the 125 acre tract subsequently became community property. If petitioner intends any other argument, she has failed either to propose a factual predicate therefor or to state such argument. We shall consider only the argument petitioner made.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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