Estate of Wayne-Chi Young, Deceased, Tsai-Hsiu Hsu Yang, Executrix - Page 2

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               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.                                                                  




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