- 6 - suant to the terms of the settlement trust, outlined supra, Ann Goss possessed an income interest in this property for her life. The parties have agreed that the fair market value of that income interest was $6,741,453. After decedent's death, a Federal estate tax return was filed by the executors of decedent's estate. In the return, the executors claimed deductions for the value of Ann Goss' life interest in decedent's stock and the value of the Edwards children's remainder interest. Respondent, in the notice of deficiency, disallowed both deductions. Respondent has subse- quently conceded that the claim of Ann Goss is deductible. The deductibility of the remainder interest of the Edwards children, however, is still in dispute. Discussion Section 2053(a)(3) provides that the value of the gross estate is determined by deducting the amount of claims against the estate. Section 2053(c)(1)(A) limits the deduction for claims founded on a promise or agreement to the amount of claims that were contracted for full and adequate consideration. One purpose of this consideration requirement is to prevent decedents from reducing their gross estate through contractually arranged transfers that serve a "donative or testamentary intent." Estate of Huntington v. Commissioner, 100 T.C. 313, 316 (1993), affd. 16 F.3d 462 (1st Cir. 1994); see also United States v. Stapf, 375 U.S. 118, 130-133 (1963). However, liabilities imposed by lawPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011