Theodore S. Prokopov and Georgine O. Prokopov - Page 7

                                        - 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