Estate of Gordon B. McLendon, Deceased, Gordon R. McLendon, Jr., Independent Executor - Page 12

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               Dr. Fleischman's candor in admitting that Gordon's                     
               death could not be predicted with “absolute certainty.”                
               However, when a disease has progressed to such an                      
               extent as was present in the instant case, it becomes                  
               evident to those familiar with the physical condition                  
               of the patient that a cure cannot be expected and that                 
               death will inevitably follow.                                          
          The language quoted above was intended to convey our view that,             
          as of March 5, 1986, decedent's death was predictable within 1              
          year to a reasonable certainty.  We therefore ruled that it was             
          improper to value the remainder interest that decedent                      
          transferred pursuant to the private annuity agreement under                 
          section 25.2512-5(f) (Table A), Gift Tax Regs.  Id.                         
               The foregoing aside, we likewise would sustain respondent's            
          determination on this point assuming that the “clearly imminent”            
          standard articulated in Rev. Rul. 80-80, supra, is controlling.             
          Rev. Rul. 80-80, supra, states that the question of whether death           
          is clearly imminent generally is to be determined on the facts              
          and circumstances of the particular case.  Decedent did not                 
          exhibit any clinical signs of imminent death as of March 5, 1986,           
          nor was he as physically disabled as the individuals described in           
          Estate of Hoelzel v. Commissioner, 28 T.C. 384 (1957), and Estate           
          of Jennings v. Commissioner, supra.  Nonetheless, decedent was              
          terminally ill, and his condition was deteriorating fairly                  
          rapidly as of March 5, 1986.  Estate of McLendon v. Commissioner,           
          66 TCM (CCH) at 968, 64 TCM (RIA) at 2460.  Considering all of              
          the facts and circumstances, we find that on March 5, 1986,                 

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