- 24 - to his divorce from Ms. Fratini. Therefore, based on petitioner's initial allocation on Form 706 of 100 percent of the value of both Laidley and Acadia and because petitioner did not provide us with sufficient evidence in order to allocate any of Ms. Friedeberg's services to either the Laidley or Acadia properties, we find that petitioner has failed to carry the burden of proving that adequate consideration in money's worth was contributed by Ms. Friedeberg to the joint interests in the Laidley or Acadia properties. Sec. 2040; Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). With respect to the remaining assets, petitioner argues that the estate is entitled to deduct one-half of the date-of-death value of two checking accounts containing $29,724,10 a savings account containing $5,214, and a CD valued at $100,000. Generally, income produced by property belongs to the person who owns the property at the time the property produces such income and does not originate with a donor who has made a completed gift of that property prior to the production of such income. Harvey v. United States, 185 F.2d 463, 467 (7th Cir. 1950); see also Estate of Howard v. Commissioner, 9 T.C. 1192, 1202-1203 (1947); sec. 20.2040-1(c)(5), Estate Tax Regs. Where a surviving joint tenant receives property gratuitously from a 10The first checking account contained $26,244, and the second checking account contained $3,480.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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