Estate of Emerson Winkler, Deceased, Thomas Winkler and Darrell S. Winkler, Co-Executors, et al. - Page 2

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                                                     Penalty                          
                                     Year Gift Tax Estate Tax Sec. 6662(a)             
             Elizabeth Winkler       1989 $58,596  --        $23,438                   
             Estate of Emerson Winkler--  58,596    --        23,438                    
             Estate of Emerson Winkler--    --      $294,333                            

             Unless stated otherwise, all section references are to the                
             Internal Revenue Code as in effect during 1989 or at the                  
             time of the decedent's death.                                             
                  Respondent determined a gift tax deficiency in the                   
             case of Mrs. Elizabeth Winkler based on a finding that                    
             Mrs. Winkler made taxable gifts in 1989 of one-half of                    
             the value of a winning lottery ticket.  Respondent also                   
             determined a gift tax deficiency in the case of her                       
             deceased husband, Mr. Emerson Winkler, by reason of his                   
             consent to split the gifts made by Mrs. Winkler pursuant                  
             to section 2513(a).  Due to the increase in Mr. Winkler's                 
             lifetime taxable gifts, respondent also determined a                      
             deficiency in estate tax in the case of the Estate of                     
             Emerson Winkler.                                                          
                  The primary issue for decision is whether Mrs. Winkler               
             purchased a winning lottery ticket on her own behalf or on                
             the behalf of a family partnership.  If we find that                      
             Mrs. Winkler purchased the ticket on her own behalf, then                 
             we must also determine whether the Estate of Emerson                      
             Winkler is entitled to increase the marital deduction                     






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