Therese Hahn - Page 14

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          property.  Approximately 7 months later, she then sold the                  
          property, which had appreciated substantially since its purchase            
          in 1955.  Eventually, on a second amended Federal income tax                
          return for 1988, Mrs. Gallenstein reported 100 percent of the               
          date of death value of the property as her basis, resulting in no           
          capital gain upon its sale.                                                 
               In opposing her refund suit, the Government argued, as here,           
          that, pursuant to section 2040(b)(1), Mrs. Gallenstein could                
          receive a stepped-up basis for only 50 percent of the property.             
          The Government asserted that the 1981 amendment of the definition           
          of "qualified joint interests" in section 2040(b)(2) operated to            
          repeal the effective date of section 2040(b)(1), and therefore              
          the 50-percent inclusion rule was applicable to Mr. Gallenstein's           
          estate because he died after December 31, 1981.  The Government             
          pursued this claim along both an express and an implied repeal              
          theory.                                                                     
               The Court of Appeals for the Sixth Circuit concluded that              
          the 1981 amendment to paragraph (2) of section 2040(b) did not              
          act to repeal the effective date of the 1976 amendment creating             
          "qualified joint interests", and therefore affirmed summary                 
          judgment in favor of Mrs. Gallenstein.  The court rejected the              
          Government's claim that section 2040(b)(2) expressly repealed the           
          effective date of section 2040(b)(1) by changing the definition             
          of "qualified joint interests."  The court reasoned that an                 
          express repeal can only be found where a subsequent statute                 




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