- 2 - right of survivorship created by the deeds under California law. Held, further: To deal with the inherent characteristics of joint tenancy with right of survivorship, sec. 2031, I.R.C., and sec. 2040, I.R.C., provide an explicit approach to valuing joint tenancy. Fractional interest discounts and lack of marketability discounts are inapplicable to the valuation of joint tenancy under sec. 2040(a), I.R.C. Held, further: P is liable for the addition to tax for late filing under sec. 6651(a), I.R.C. Lance M. Weagant and Randall D. Fowler, for petitioner. Dwight M. Montgomery, for respondent. WRIGHT, Judge: Respondent determined a deficiency of $154,545 in petitioner's Federal estate tax and an addition to tax under section 6651(a)1 in the amount of $38,636. After concessions by the parties, the issues remaining are: (1) Whether decedent's property interest in the Young Property was an interest in joint tenancy or in community property. We hold that decedent held the property in joint tenancy. (2) Whether a fractional interest discount or a lack of marketability discount is applicable to the Young Property. We hold that a discount is inapplicable. 1 All section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure, unless otherwise indicated.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011