- 32 - property held in a joint tenancy by him and any other person, except to the extent the consideration for the property was furnished by such other person. See Estate of Peters v. Commissioner, 386 F.2d 404, 407 (4th Cir. 1967), affg. 46 T.C. 407 (1966). Contrary to petitioner's argument, the statute does not inquire how much a willing buyer would pay to purchase the decedent's interest in the joint tenancy at the date of his death, because, at the moment of death, decedent no longer holds any interest in the property. The property passes by right of survivorship, unlike property governed by section 2033 which passes under a decedent's will or by intestate succession. Even if prior to death, decedent sold his interest in the joint tenancy (and by doing so severed the joint tenancy with right of survivorship), the value that a willing buyer would pay does not necessarily compare to the approach taken by Congress in section 2040.13 Section 2040(a) provides an artificial inclusion of the joint tenancy property: the entire value of the property less any contribution by the surviving joint tenant. Except for the statutory exclusions in section 2040(a), there is no further 13 For example, A and B held Property X as joint tenants. The property was purchased with funds provided solely by A. During A's life, A could sell his interest for roughly one-half of the entire value. However, if A predeceases B, the inclusion in A's gross estate would be 100 percent.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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