- 12 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011