Estate of Max L. Van Tine, Deceased, Ann Van Tine, Executor - Page 25

                                       - 25 -                                         
          case because we knew how much decedent had paid for the property            
          ($37,000).  We concluded that the value of the decedent's son's             
          services was sufficient to exclude one-half of the fair market              
          value of the property from decedent's estate under section                  
          2040(a).  Here, we do not know how much Ann Van Tine's parents              
          paid to buy and improve the property.                                       
               Petitioner points out that in Berkowitz v. Commissioner, 108           
          F.2d 319 (3d Cir. 1939), and Estate of Otte v. Commissioner, T.C.           
          Memo. 1972-76, the estates did not show the dollar values of the            
          surviving joint tenant's work.  However, those cases are                    
          distinguishable from this case.  In Berkowitz, husband and wife             
          each contributed $150 in 1892 to start a grocery store.  They               
          both worked full time for 43 years to operate and develop their             
          store.  They put profits from their business in jointly owned               
          property and accounts.  The Court of Appeals for the Third                  
          Circuit said that if the husband and wife had an agreement to               
          share profits, the fact that the husband and wife had each made a           
          small initial contribution to start the store and made a complete           
















Page:  Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  Next

Last modified: May 25, 2011