- 18 - without published opinion 673 F.2d 1310 (4th Cir. 1982). Thus, to exclude 50 percent of the date-of-death value of the three properties at issue from decedent's estate, petitioner must prove that Ann Van Tine's services to VTC were worth at least 50 percent of the total consideration paid for the acquisition and improvement of three properties. Under section 2040(a), a surviving family member may give consideration by providing services to a family business. Berkowitz v. Commissioner, 108 F.2d 319 (3d Cir. 1939), revg. and remanding a Memorandum Opinion of the Board of Tax Appeals; Richardson v. Helvering, 80 F.2d 548, 551 (D.C. Cir. 1935). Petitioner bears the burden of proof. Rule 142(a); see Estate of Heidt v. Commissioner, 8 T.C. 969, 974 (1947), affd. per curiam 170 F.2d 1021 (9th Cir. 1948). B. Whether Ann Van Tine Provided Substantial Services to Her Parents and VTC 1. Parties' Contentions The parties dispute whether Ann Van Tine provided substantial services to VTC. Petitioner contends that Ann Van Tine worked full time for VTC for more than 30 years and that her work was full and adequate consideration for her one-half interest in the three properties at issue. Respondent contendsPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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