Edward L. Peck and Thomas V. Glynn, for petitioner.
Moira L. Sullivan, for respondent.
OPINION
TANNENWALD, Judge: Respondent determined a deficiency in
petitioner's Federal estate tax and generation-skipping transfer
(GST) tax in the amount of $2,002,102.05. After concessions, the
sole issue remaining for decision is whether the GST tax, under
sections 2601 through 2663,1 applies to the transfer of U.S.
situs property to decedent's grandchildren, where, at the time of
death, decedent was a nonresident alien and regulations had not
yet been promulgated under section 2663(2).
All the facts have been stipulated and are so found. The
stipulation of facts and the exhibits attached thereto are
incorporated herein by this reference.
Petitioner is the estate of Milada S. Neumann (decedent) who
died testate on July 14, 1990. Decedent was a resident and
citizen of the Republic of Venezuela at the time of her death.
Eric W. Shaw is the ancillary administrator and resided in
Larchmont, New York, at the time the petition was filed.
Decedent's will was admitted to ancillary probate by the
Surrogate's Court of New York County, New York. As translated
into English, the will provides in part as follows:
1 All statutory references are to the Internal Revenue Code in
effect as of the date of decedent's death, and all Rule
references are to the Tax Court Rules of Practice and Procedure.
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