- 19 - annuity agreement was allegedly signed by both decedent and her grandchildren, rather than on the agreement's stated entry date of August 29, 1989. Respondent, on the other hand, contends that the private annuity is to be valued under section 7520, because the transaction occurred on August 29, 1989. Respondent points out that the grandchildren's signatures to the annuity agreement are stated to have been notarized before Mr. Shadle (a notary and decedent's attorney) on August 29, 1989. According to respondent, the testimony petitioner offered concerning the grandchildren's alleged late 1988 execution of the annuity agreement is not credible and should not be accepted by the Court in light of the convincing other evidence of record. We essentially agree with respondent. The record reflects that although decedent signed the annuity agreement in late 1988, she retained title to and was the owner of the land until August 29, 1989. Indeed, during his testimony, Mr. Shadle acknowledged that he had drafted the annuity agreement and had written in by hand the August 29, 1989, entry date specified in the contract document. Certainly by late 1988, decedent had already decided to sell her land to her grandchildren pursuant to the planned private annuity transaction, and she and her advisers were engaged in preparing to make the sale. However, even if we were to accept (which wePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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