Estate of Charles K. McClatchy, Deceased, William K. Coblentz and James McClatchy, Personal Representative - Page 12

                                       - 12 -                                         

               Harper deals with an entirely different situation than that            
          present here.  Our decision in Harper is consistent with Ahmanson           
          Foundation, supra, which states:                                            
                    We must distinguish, however, the effect of                       
               "predistribution" transformations and changes in value                 
               brought about by the testator's death, from changes in                 
               value resulting from the fact that under the decedent's                
               estate plan the assets in the gross estate ultimately                  
               come to rest in the hands of different beneficiaries.                  
               [Ahmanson Foundation v. United States, 674 F.2d at                     
               768.]                                                                  
          The estate tax is a tax on the privilege of passing on property,            
          not a tax on the privilege of receiving property.  "The tax is on           
          the act of the testator not on the receipt of the property by the           
          legatees."  Ithaca Trust Co. v. United States, 279 U.S. 151, 155            
          (1929).  Unlike Harper, petitioner's case does not involve a                
          change in value resulting from the distribution of decedent's               
          estate.                                                                     
               In Goodman v. Granger, 243 F.2d 264 (3d Cir. 1957), the                
          court evaluated three employment contracts carrying "contingent             
          benefits" of $2,000 annually for 15 years after the employee                
          ceased to be employed by the employer by reason of death or                 
          otherwise.  The post-employment contingent payments were to be              
          made only if the employee did not engage in any competing                   
          business for a certain period of time and if his post-employment            
          earnings from other work did not exceed a certain amount.  The              
          court held that since the possibility of forfeiture was                     
          extinguished by the decedent's death the contract rights should             




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011