- 16 - 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, whereverPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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