- 18 - 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.'"Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011