Estate of Max L. Van Tine, Deceased, Ann Van Tine, Executor - Page 27

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          worked as a team for 30 years to acquire the property at issue in           
          that case.  Income from their property belonged to both of them             
          under Indiana law.  Although we could not trace each transaction,           
          we held that the taxpayer qualified under section 2040.  Here, we           
          do not know how much consideration decedent paid to buy and                 
          improve the three properties.                                               
          D.   Conclusion                                                             
               Ann Van Tine provided a substantial service to VTC.                    
          However, she has not shown what part of the value of the three              
          properties at issue is attributable to the amount of                        
          consideration that she furnished with those services.7  Thus,               

               7 In light of our conclusion, we need not decide                       
          respondent's contentions that Ann Van Tine's services were not              
          adequate consideration for the joint tenancy interests at issue             
          because:  (1) Decedent used the transfers into joint tenancy to             
          avoid probate; (2) Ann Van Tine would have inherited her parents'           
          property under any circumstances; (3) Ann Van Tine did not report           
          her receipt of interests in the properties as income on her                 
          individual income tax returns; (4) Ann Van Tine took a full step-           
          up in basis for 7 Diamonte Lane and one of the Sepulveda Blvd.              
          properties; (5) the handwritten statements on the joint tenancy             
          deeds said that Ann Van Tine's father made the conveyances for no           
          consideration; and (6) there was no agreement between Ann Van               
                                                             (continued...)           















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