Estate of Wayne-Chi Young, Deceased, Tsai-Hsiu Hsu Yang, Executrix - Page 30

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          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 property           





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