- 5 - part and remanding the case to this Court. In particular, the Court of Appeals reversed our decision that the property interests transferred by decedent should be valued as partnership interests after concluding that we failed to characterize the annuity transaction as a “contrivance to avoid estate taxes” or a “sham”. Estate of McLendon v. Commissioner, 77 F.3d 477 (5th Cir. 1995), revg. in part and remanding without published opinion T.C. Memo. 1993-459 (slip op. at 17-18). Further, the Court of Appeals remanded the case to this Court with instructions to explain our holding sustaining respondent's determination that petitioner improperly relied upon the actuarial tables under section 25.2512-5(f) (Table A), Gift Tax Regs., in computing the value of the remainder interest that decedent transferred pursuant to the private annuity agreement. The Court of Appeals’ opinion states in pertinent part: Although the Tax Court purported to compare Gordon's health as of March, 1986 with that of parties in other cases, e.g. in [Estate of Jennings v. Commissioner, 10 T.C. 323 (1948) and Estate of Hoelzel v. Commissioner, 28 T.C. 384, 389 (1957)], we are unable to discern whether the Tax Court followed Revenue Ruling 80-80, [1980-1 C.B. 194] or found reason to depart from it. The Tax Court's opinion is both ambiguous and ambivalent regarding the revenue ruling, as it holds that Gordon had a life expectancy of one year, a finding that would suggest to us under the express language of the revenue ruling that death was not clearly imminent. We must remand for the court to clarify its conclusion with regard to the applicability of Revenue Ruling 80-80 so that we will have a sounder basis for appellate review. [Estate of McLendon v. Commissioner, 77 F.3d at 477 (slip. op. at 24).]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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