Estate of Wayne-Chi Young, Deceased, Tsai-Hsiu Hsu Yang, Executrix - Page 32

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          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.                                   




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