Estate of Albert Fratini, Deceased, Marion Friedeberg, Personal Representative - Page 16

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          in decedent's estate.  Petitioner argues that Ms. Friedeberg                
          contributed her separate funds to jointly held bank accounts and            
          thereafter, decedent and Ms. Friedeberg invested in various money           
          market securities and real properties in which they sought to               
          maximize income and acquire additional real property.                       
               Section 2040 creates a rebuttable presumption that the                 
          value of the entire property is includable in the deceased joint            
          tenant's estate, and the burden of showing original ownership or            
          contribution to the purchase price by the surviving joint tenant            
          falls upon the estate.  Hahn v. Commissioner, supra at 144;                 
          Estate of Heidt v. Commissioner, 8 T.C. 969 (1947), affd. per               
          curiam 170 F.2d 1021 (9th Cir. 1948); sec. 20.2040-1(a)(2),                 
          Estate Tax Regs.  Where evidence indicates that the surviving               
          joint tenant did contribute money or money's worth under section            
          2040, courts have held that the executor's burden has been met              
          notwithstanding that the exact amount of the contribution could             
          not be proven by the taxpayer.  Estate of Carpousis v.                      
          Commissioner, T.C. Memo. 1974-258; Estate of Selecman v.                    
          Commissioner, a Memorandum Opinion of this Court dated Nov. 6,              
          1950.  In those circumstances, we have applied the rule                     
          enunciated in Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930),            
          and allowed taxpayers to approximate where amounts were not                 
          definitely determinable.  See, e.g., Estate of Carpousis v.                 
          Commissioner, supra; Estate of Selecman v. Commissioner, supra.             

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