- 30 - therein held as joint tenants with right of survivorship by the decedent and any other person". (Emphasis added.) While petitioner categorizes section 2031 as the only section to determine value and section 2040 as a mere inclusion section, we conclude that determining value is dependent on examining both section 2031 and section 2040. Section 2031 provides the starting point, but it is very broad. In section 2031's accompanying regulations, we learn that value is determined by looking at the willing buyer and the willing seller, which then needs to be considered in conjunction with sections 2033 through 2044. Sec. 20.2031-1(b), Estate Tax Regs. In light of this definition of value, (i.e., the willing buyer and the willing seller), we go to section 2040. In section 2040, Congress provided an explicit approach to valuing joint tenancy to be included in the decedent's gross estate. Unlike section 2033 which looks to the actual interest held by the decedent alone (i.e., one-half, one-third, or one-fourth interest), section 2040(a) starts with the inclusion of the entire value of the joint tenancy property held by the decedent and any other person in the gross estate of the first joint tenant to die, and the amount to be excluded from the decedent's gross estate is proportionate to the consideration furnished by the surviving joint tenant. If part of the value of the propertyPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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