- 7 - stepped-up basis of $600,000. Specifically, it is petitioners' argument that the trust's corpus, including Oak Den, became property of Mrs. Ogden's gross estate upon her death, and that in becoming part of said gross estate obtained a stepped-up basis by operation of section 1014. In support of their contention, petitioners advance two arguments. With respect to their first argument, petitioners point to a provision contained in Mr. Ogden's will and contend that the language of such provision served to transfer the trust's corpus to Mrs. Ogden's estate on the date of her death.9 They explain that subparagraph (d) of the FIFTH paragraph of Mr. Ogden's will provides: Upon the death of my wife,[], the remaining principal or corpus of the said trust shall be distributed as my wife shall direct in her will * * * Petitioners then explain that Mrs. Ogden's will effectively distributed the property formerly contained in the trust to the beneficiaries of her estate. As support for this explanation, petitioners point to language contained in the FOURTH paragraph of Mrs. Ogden's will. Such paragraph provides: All the rest, residue and remainder of my property, both real and personal, of whatsoever nature and wheresoever situate of which I may die seized or to which I may be entitled, or over which at the time of 9In advancing this argument, petitioners maintain that Mr. Ogden's will contains certain errors that the Court must adjust before it can analyze properly the interrelationship between Mr. and Mrs. Ogden's wills. Even if this were the appropriate forum for petitioners to contest aspects of Mr. Ogden's will, which it is not, petitioners' argument is seriously flawed and must be rejected.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011