Estate of Wayne-Chi Young, Deceased, Tsai-Hsiu Hsu Yang, Executrix - Page 16

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               In regard to the Bixby Knolls Motel, which was purchased on            
          May 19, 1983, there was no evidence presented to establish that             
          decedent and Yang transmuted the Bixby Knolls Motel into                    
          community property by an agreement, oral or written, prior to               
          January 1, 1985.  There was no evidence presented to support a              
          finding that decedent and/or Yang intended to transmute the Bixby           
          Knolls Motel into community property.                                       
               Therefore, we find that the Youngs did not effectively                 
          transmute the Young Property from joint tenancy into community              
          property.                                                                   
          Conclusion:                                                                 
               From the record, we conclude that the evidence presented by            
          petitioner has not overcome the presumption of joint tenancy.               
          Therefore, decedent and Yang held the Young Property as joint               
          tenants with the right of survivorship.                                     
          Issue 2:  Discount Issue                                                    
               Having determined that the Young Property was held in joint            
          tenancy under State law, we now turn to the Federal estate tax              
          aspects of the case.  In determining an estate's tax liability,             
          the gross estate must be defined.  Section 2031(a) provides that            
          "the value of the gross estate of the decedent shall be                     
          determined by including to the extent provided for in this part             
          [sections 2031-2046], the value at the time of his death of all             
          property, real or personal, tangible or intangible, wherever                





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