Estate of Wayne-Chi Young, Deceased, Tsai-Hsiu Hsu Yang, Executrix - Page 26

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               In order to include property held by a decedent in joint               
          tenancy in the decedent's gross estate, Congress enacted section            
          202(c) in the Revenue Act of 1916, ch. 463, 39 Stat. 756,10 the             
          predecessor of the current section 2040.11  The enactment of the            

               10  Sec. 202(c) of the Revenue Act of 1916, ch. 463, 39                
          Stat. 756, 778, provided that the gross estate included:                    
               SEC. 202(c).  To the extent of the interest therein held               
               jointly or as tenants in the entirety by the decedent and              
               any other person, or deposited in banks or other                       
               institutions in their joint names and payable to either or             
               the survivor, except such part thereof as may be shown to              
               have originally belonged to such other person and never to             
               have belonged to the decedent.                                         
                    For the purpose of this title stock in a domestic                 
               corporation owned and held by a nonresident decedent shall             
               be deemed property within the United States, and any                   
               property of which the decedent has made a transfer or with             
               respect to which he has created a trust, within the meaning            
               of subdivision (b) of this section, shall be deemed to be              
               situated in the United States, if so situated either at the            
               time of the transfer or the creation of the trust, or at the           
               time of the decedent's death.                                          

               11 Sec. 2040(a) reads as follows:                                      
               SEC. 2040(a).  General Rule.--The value of the gross estate            
               shall include the value of all property to the extent of the           
               interest therein held as joint tenants with right of                   
               survivorship by the decedent and any other person, or as               
               tenants by the entirety by the decedent and spouse, or                 
               deposited, with any person carrying on the banking business,           
               in their joint names and payable to either or the survivor,            
               except such part thereof as may be shown to have originally            
               belonged to such other person and never to have been                   
               received or acquired by the latter from the decedent for               
               less than an adequate and full consideration in money or               
               money's worth: Provided, That where such property or any               
               part thereof, or part of the consideration with which such             
               property was acquired, is shown to have been at any time               
               acquired by such other person from the decedent for less               
                                                             (continued...)           




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