- 29 - Tyler v. United States, 281 U.S. 497, 503-504 (1930). The possession by the decedent of the right of survivorship justifies the inclusion in the decedent's gross estate due to its "generating source." Congress has the power to levy a tax upon the occasion of a joint tenant's acquiring the status of survivor at the death of the other joint tenant. United States v. Jacobs, 306 U.S. 363, 367 (1939). [The] termination of a joint tenancy marked by a change in the nature of ownership of property was designated by Congress as an appropriate occasion for the imposition of a tax. * * * It is immaterial that Congress chose to measure the amount of the tax by a percentage of the total value of the property, rather than by a part, or by a set sum for each such change. The wisdom both of the tax and of its measurement was for Congress to determine. Id. at 371. In arguing that section 2040 is a mere includability section, petitioner focuses on the language in "to the extent of the interest therein." According to petitioner, section 2040 merely determines the interest to be included in decedent's gross estate. In light of similar language in section 2033, petitioner argues that discounts should be available to joint tenancy under the valuation provision of section 2031. We think petitioner's focus is incomplete. In addition to the cited language, section 2040(a) also provides the following introductory language: "The value of the gross estate shall include the value of all property to the extent of the interestPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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