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held in the joint name of decedent and Ms. Friedeberg on the date
of decedent's death; (2) whether decedent's estate is entitled to
reduce the amount required to be included under section 20401 by
claimed fractional interest discounts applied to decedent's
interest in parcels of real property owned in joint tenancy with
Ms. Friedeberg on his date of death; and (3) whether pursuant to
section 2053, the estate is entitled to a deduction for more than
50 percent of the mortgage debt outstanding on jointly owned real
properties includable in the estate.
FINDINGS OF FACT
Some of the facts have been stipulated and are so found.
The stipulation of facts and supplemental stipulation of facts
are incorporated herein by this reference.
Albert Fratini (decedent), who was a resident of San
Francisco, California, died on June 2, 1992. Decedent was not
married when he died. For 18 years preceding his death, decedent
continuously lived with Marion Friedeberg. Ms. Friedeberg is the
estate's personal representative and the sole beneficiary under
decedent's holographic will. At the time she filed the petition
herein, Ms. Friedeberg resided in San Francisco, California.
1Unless otherwise indicated, all section references are to
the Internal Revenue Code in effect as of the date of decedent's
death, and all Rule references are to the Tax Court Rules of
Practice and Procedure.
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