- 27 - what extent, a fractional interest discount or lack of marketability discount should be applied to a decedent's property held in joint tenancy with right of survivorship. In Estate of Young v. Commissioner, supra at 315-316, we stated: Under the scheme of section 2040(a), the amount includable in a decedent's gross estate does not depend on a valuation of property rights actually transferred at death, or on a valuation of the actual interest held by the decedent (legal title); instead, decedent's gross estate includes the entire value of property held in a joint tenancy by him and any other person, except to the extent the consideration for the property was furnished by such other person. * * * Section 2040(a) provides an artificial inclusion of the joint tenancy property: the entire value of the property less any contribution by the surviving joint tenant. Except for the statutory exclusions in section 2040(a), there is no further allowance to account for the fact that less than the entire interest is being included. [Citation and fn. ref. omitted.] Applying the same reasoning to the instant case, we conclude that petitioner is not entitled to fractional interest discounts on any of the properties based on joint ownership with Ms. Friedeberg. Section 2053 Deductions for Unpaid Mortgages On Schedule K of Form 706, petitioner claimed deductions related to mortgages on the Dolores and Onondaga properties of $42,607 and $70,969, respectively. Petitioner allocated the mortgages on the properties in amounts equal to the section 2040 inclusion percentages of 53.67 for the Dolores property and 55.32Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011