Estate of Suzanne W. Cullison, Deceased, J. Greg Cullison, Personal Representative - Page 18

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               Section 75204 (which was enacted on November 10, 1988, as              
          part of the Technical and Miscellaneous Revenue Act of 1988                 
          (TAMRA), Pub. L. 100-647, sec. 5031(a), 102 Stat. 3342, 3368) is            
          effective for transactions with valuation dates after April 30,             
          1989.  TAMRA sec. 5031(c), 102 Stat. 3369.  Generally, the                  
          valuation date for gift tax purposes is the date upon which the             
          gift is made.  Sec. 25.7520-1(b)(1)(ii), Gift Tax Regs.                     
               In the instant case, petitioner contends that the private              
          annuity payable to decedent is not to be valued under section               
          7520, because the private annuity transaction occurred before the           
          May 1, 1989, effective date of section 7520.  Petitioner                    
          maintains that the transaction took place in late 1988, when the            


               4  Before the enactment of sec. 7520, the estate and gift              
          tax regulations long had contained actuarial tables to assist in            
          the computation of the fair market value of annuities, life                 
          estates, terms for years, remainders, and reversions.  Although             
          use of these tables was not statutorily mandated, they were                 
          provided as an administrative necessity, and their general use              
          was approved by the courts.  Simpson v. United States, 252 U.S.             
          547, 550-551 (1920); Estate of Fabric v. Commissioner, 83 T.C.              
          932, 941 (1984).  As a result, these administrative actuarial               
          tables were regularly applied in valuing contingent property                
          interests given that they "afford a reasonable norm and some                
          degree of certainty in ascertaining the value of property and the           
          consequent tax liabilities of beneficiaries thereof."  Miami                
          Beach First Natl. Bank v. United States, 443 F.2d 116, 119 (5th             
          Cir. 1971).  Indeed, as the U.S. Court of Appeals for the Ninth             
          Circuit noted in Estate of Christ v. Commissioner, 480 F.2d 171,            
          172-173 (9th Cir. 1973) (quoting Hanley v. United States, 105 Ct.           
          Cl. 638, 63 F. Supp. 73, 80 (1945)), affg. 54 T.C. 493 (1970),              
          the Commissioner's administrative tables were to be used unless             
          their use would produce "'a result substantially at variance with           
          the facts.'"                                                                





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