- 27 - We are not convinced that there was a "genuine and active contest" in the probate court or that the order of the probate court constitutes "a decision of a local court upon the merits in an adversary proceeding", so as to trigger the presumption set forth in the above regulation. Sec. 20.2056(e)-2(d)(2), Estate Tax Regs. In this connection, it is significant that the guardian ad litem stated during the hearing before the probate court that a "benefit" would be realized by the entire Rapp family if the estate tax of approximately $2 million were postponed until Mrs. Rapp's death. He stated as follows: Under those circumstances the benefit to the entire family, the entire estate, by post- poning the tax until the surviving spouse dies, I believe is also a benefit on the person I have been appointed to represent. We do not accept petitioner's assertion that the investigation conducted by the executor proves that the proceeding before the probate court was adversarial in nature. To the contrary, it is equally likely that the executor's investigation was undertaken to justify petitioner's position before this Court in order to obtain the "benefit" of postponing the estate tax.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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