Estate of Albert Fratini, Deceased, Marion Friedeberg, Personal Representative - Page 24

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          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.                                   

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