Estate of Ona E. Hendrickson - Page 4




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               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.                                





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