- 4 - By amended answer, respondent asserted an additional deficiency of $150,178 in estate tax and an additional late filing addition of $30,035. Overview of Issues and Conclusions Following concessions by the parties,2 the two issues for decision are the "lifetime gifts" issue and the "unpaid mortgage" issue. The lifetime gifts issue concerns whether, during 1979-93, Ona E. Hendrickson (decedent) made lifetime taxable gifts to her children of $913,200 in coal royalties, dividends, and interest received by the estate of her late husband. Petitioner asserts that decedent made no such gifts. According to petitioner, decedent made transfers of her share of the estate’s investment income to a "family farm partnership" owned one-half by decedent and one-half by the children. Petitioner argues that these transfers were part of a bona fide, ongoing, ordinary business transaction and therefore were not gifts, regardless of the shortfall in the pecuniary consideration decedent received for 2 Because petitioner still contests much of the asserted deficiency in estate tax, petitioner does not concede the amount of the late filing addition determined by respondent. Petitioner does concede, however, that the addition applies to any deficiency we redetermine. Respondent has conceded the allowance of the properly substantiated expenses of this litigation as additional administrative expenses of decedent's estate.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011