Estate of Ona E. Hendrickson - Page 28




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          $711,841 of coal royalties, dividends, and interest received by              
          the estate during 1980-92.  Respondent also determined that                  
          decedent did not exercise her right to receive this investment               
          income, but instead allowed its economic benefit to be enjoyed by            
          the children.  Respondent further determined that decedent                   
          thereby made indirect gifts of the investment income to the                  
          children, which gifts are "taxable gifts" for purposes of section            
          2503 and the other estate and gift tax provisions of the Code.               
               After having reviewed petitioner's responses to certain                 
          interrogatories, respondent, by amended answer, asserted that                
          decedent had become entitled to an additional $332,945 of the                
          investment income of Garry's estate.  Respondent further asserted            
          that decedent similarly made taxable gifts of this additional                
          income to the children.  The entire increased deficiency asserted            
          in the amended answer is attributable to the asserted gifts of               
          this additional investment income.8                                          
               Respondent made several concessions after the amended                   
          answer.  Respondent now maintains that decedent became entitled              
          to a total of only $999,769 of the investment income of Garry's              
          estate during the period extending from Garry's death in 1979 to             


               8 With respect to the deficiency determined in the notice,              
          respondent's determination is presumed to be correct; petitioner             
          bears the burden of proving it wrong.  See Rule 142(a); Welch v.             
          Helvering, 290 U.S. 111 (1933).  Respondent bears the burden of              
          proof with respect to the increased deficiency asserted in the               
          amended answer.  See Rule 142(a).                                            





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