Estate of Albert Fratini, Deceased, Marion Friedeberg, Personal Representative - Page 20

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               Petitioner also argues that Ms. Friedeberg provided services           
          in the form of management of the rental properties from 1974                
          until 1992.  Petitioner argues that these services constitute               
          adequate consideration contributed in "money's worth" to the                
          values of the Laidley, Valencia, South Fitch, and Acadia                    
          properties, such that petitioner is entitled to exclude one-half            
          of the total value of these properties from decedent's estate               
          under section 2040(a).  Respondent asserts that the services Ms.            
          Friedeberg performed were minimal and that petitioner has not               
          established a value for Ms. Friedeberg's services.                          
               Our determination of whether Ms. Friedeberg provided full              
          and adequate consideration is necessarily one of fact.  See                 
          Estate of Heidt v. Commissioner, 8 T.C. at 974; Estate of                   
          Anderson v. Commissioner, T.C. Memo. 1989-643.  In determining              
          the consideration furnished by the surviving joint tenant,                  
          amounts furnished by decedent to the surviving joint tenant for             
          less than full and adequate consideration are to be ignored.                
          Estate of Anderson v. Commissioner, supra; sec. 20.2040-1(a)(2),            
          Estate Tax Regs.  If part of the consideration is found to have             
          been contributed by the surviving joint tenant, then the part of            
          the value of the property as is proportionate to such                       
          consideration is not included in decedent's gross estate.  Sec.             
          20.2040-1(a)(2), Estate Tax Regs.                                           

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