- 11 - allowed under section 2056(b)(7) for Andrew's estate. We hold that respondent's determination is correct.3 The next issue is whether the gross estate should include $91,010.91 in cash equivalents that was not reported by petitioner on its Federal estate tax return. Under section 2033, the value of the gross estate shall include the value of all property to the extent of the interest therein of the decedent at the time of her death. On its estate tax return, petitioner reported that as of the date of decedent's death, she held cash of $368,050.76. According to Integra, the guardian of the Anna Soberdash Guardianship, the cash equivalents held by the guardianship as of the date of death had a value of $459,061.68. In support of its position that the amount of cash reportable on the Federal estate tax return is $368,050.76, petitioner presented a copy of a decree from the Court of Common Pleas of Fayette County, Pennsylvania, Orphan's Court Division, dated April 16, 1993, showing that the amount of cash available 3Sec. 22.2056-1(b), Temporary Estate Tax Regs., 47 Fed. Reg. 41736 (Sept. 22, 1982), which was applicable to the QTIP deduction for Andrew's estate, provides that a QTIP election may be made for all or any part of a property that meets the requirements of sec. 2056(b)(7)(B)(i)(I) and (II). A partial election must relate to a fractional or percentile share of the property so that the elective part will reflect its proportionate share of the increment or decline in the whole of the property for purposes of applying sec. 2044. Sec. 22.2056-1(b), Temporary Estate Tax Regs., supra. This temporary regulation was incorporated into the final regulations contained in T.D. 8522, 1994-1 C.B. 236, 239, effective Mar. 1, 1994.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011