- 11 - Natl. Bank v. Commissioner, supra, and the cases cited therein (including our opinion in Estate of Jennings v. Commissioner, 10 T.C. 323 (1948)), we concluded: The common theme of these cases is that the actuarial tables generally are to be respected unless the established facts show that the result under the tables is unrealistic or unreasonable. Consistent with the Estate of Jennings line of cases, the proper inquiry in this case is whether the life tenant's actual life expectancy is so exceptional that a departure from the actuarial tables is justified. While the term “exceptional” is difficult to define, Estate of Jennings and its progeny require proof that death is either imminent or predictable to a reasonable certainty within 1 year of the valuation date. [Estate of McLendon v. Commissioner, 66 TCM (CCH) at 967, 64 TCM (RIA) at 2459; emphasis added.] In applying the foregoing standard to the facts as we found them, we concluded as follows: In sum, the record as a whole paints a picture of an increasingly sick man suffering from a virtually incurable disease. Although Gordon's physical condition fluctuated from day to day, the overall trend was one of fairly rapid deterioration. Under the circumstances, we conclude that it was evident to all involved that Gordon was not likely to survive more than 1 year from March 5, 1986.21 In light of Gordon's diminished actual life expectancy on the date that the private annuity agreement was executed, we hold that it was improper for Gordon to compute the value of the remainder interest in question under section 25.2512- 5(f) (Table A), Gift Tax Regs. Rather, the remainder interest is properly valued based on Gordon's actual life expectancy as of March 5, 1986, which we hold to be 1 year. [Estate of McLendon v. Commissioner, 66 TCM (CCH) at 968, 64 TCM (RIA) at 2460.] _____________ 21Given contemporary advances in medicine and the ability to sustain life, we recognize that it is increasingly difficult to predict actual life expectancy with a high degree of certainty. We respectPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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