Estate of Frank A. Branson - Page 48




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          relationship between sections 2031 and 1014, there is automatic             
          causality between the fair market value of shares reported by the           
          estate and the gain recognized on the sale of the same property.            
          The purpose of section 1014 is, in general, to provide a basis              
          for property acquired from a decedent that is equal to the value            
          placed upon such property for purposes of the Federal estate tax.           
          See sec. 1.1014-1(a), Income Tax Regs.  Once the proper date-of-            
          death fair market value is established by judicial process and              
          made subject to the estate tax, it is automatic, under the facts            
          of this case, that gain has been improperly subjected to the                
          income tax.  Accordingly, we find that the single transaction,              
          item, or taxable event requirement is met.                                  
          3.  Inconsistent Treatment                                                  
               Both the estate and the income tax depend upon the same                
          matter of fact--the fair market value of the shares at the date             
          of decedent's death.  Accordingly, the value existing at                    
          decedent's death is taxed only once.  See secs. 1014, 2031.                 
               With respect to this issue in Parker v. United States,                 
          supra, the Court of Appeals for the Ninth Circuit compared the              
          facts of that case, in which there was an erroneous inclusion in            
          the stepfather's estate and an erroneous failure to assess the              
          full value of the mother's gross estate, with Bull v. United                
          States, 295 U.S. 247 (1935), in which the same amount of                    
          partnership profits was taxed as both corpus and income.  See               





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