- 8 - As Jerry was familiar with decedent's land and knowledgeable about farmland prices in the Wellton area, he helped her and Mr. Shadle to value each of her four parcels. In valuing decedent's land, Jerry further considered detailed information on recent sales of farmland in the area which he obtained from a title company. Jerry concluded that decedent's four parcels had a total combined market value of $1,865,500. As a result, Mr. Shadle knew that, if decedent were to avoid potential Federal estate and gift tax liabilities in connection with the private annuity transaction, the private annuity payable to her should also have a value of $1,865,500. He provided this information to Mr. Schulte, decedent's accountant, since Mr. Schulte would determine the annual payment the grandchildren should make to decedent under the private annuity. On the basis of certain information contained in Table V of section 1.72-9, Income Tax Regs.,1 Mr. Schulte concluded that a person decedent's age of about 81 years in late 1988 would have a 1 Although Mr. Schulte testified he used Table V in sec. 1.72-5, Income Tax Regs., he apparently meant and was referring to Table V in sec. 1.72-9, Income Tax Regs., as there is no Table V in sec. 1.72-5, Income Tax Regs. It is further to be noted that Table V and other similar tables in sec. 1.72-9, Income Tax Regs., are used in determining the exclusion ratio specified in sec. 72(b). In general, this exclusion ratio is applied for Federal income tax purposes in determining the portion of an annuity payment excludable from a taxpayer's gross income as a nontaxable return of the taxpayer's investment in the annuity contract. See generally sec. 72(b); sec. 1.72-4(a), Income Tax Regs. Table V thus is not directly applicable to the valuation of annuities for Federal estate and gift tax purposes.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011