Therese Hahn - Page 13

                                        -13-                                          
               Before 1977, section 2040 merely provided for a contribution           
          rule to determine inclusion in the gross estate of a joint                  
          tenant.  The 1976 amendment provided in section 2040(b)(1) for a            
          50-percent inclusion rule for "qualified joint interests" (as               
          defined in section 2040(b)(2)), with the new rule being                     
          applicable to "joint interests created after December 31, 1976."            
          Joint interests created before January 1, 1977, were still                  
          subject to the contribution rule of section 2040(a).  In 1981,              
          the definition of a "qualified joint interest" contained in                 
          section 2040(b)(2) was changed, effective for "the estates of               
          decedents dying after December 31, 1981."  The effective date of            
          the operational provision of section 2040(b)(1), however, was not           
          changed.  The question is whether the 1981 amendment to the                 
          definition of "qualified joint interests" in section 2040(b)(2)             
          somehow modified the effective date provision of section                    
          2040(b)(1).                                                                 
               This issue was addressed in Gallenstein v. United States,              
          975 F.2d 286 (6th Cir. 1992).  That case involved the same                  
          relevant facts and the identical legal issue, namely, the income            
          tax basis of property held in joint tenancy with right of                   
          survivorship upon the death of the taxpayer's spouse.  In 1955,             
          Mrs. Gallenstein and her husband purchased real property as joint           
          tenants with right of survivorship.  The entire purchase price              
          derived from Mr. Gallenstein's earnings.  Upon her husband's                
          death in 1987, Mrs. Gallenstein became the sole owner of the                




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