- 14 - Petitioner5 argues that Ms. Friedeberg contributed money and money's worth in services with respect to properties owned as joint tenants by decedent and Ms. Friedeberg. Petitioner argues that these contributions of money or money's worth in services constitute adequate consideration for Ms. Friedeberg's ownership interest in each of the contested assets. Petitioner ultimately argues that due to Ms. Friedeberg's alleged ownership interest, the estate is entitled to contribution credits under section 2040(a) for 50 percent of the value of each of the contested assets. Respondent argues that decedent's estate has failed to prove by a tracing of funds or otherwise that Ms. Friedeberg contributed her separate property or services for her interests in the jointly owned assets entitling the estate to credits under section 2040(a). Section 2040 governs the value of jointly owned property to be included in a decedent's estate. Section 2040(a) provides in pertinent part: (a) General Rule.--The value of the gross estate shall include the value of all property to the extent of the interest therein held as joint tenants with right of survivorship by the decedent and any other person, or as tenants by the entirety by decedent and spouse, or deposited, with any person carrying on the 5Throughout this opinion, we shall refer to both decedent's estate and Ms. Friedeberg, in her capacity as personal representative of the estate, as petitioner.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011