Estate of Ona E. Hendrickson - Page 29




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          decedent's death in 1993.  Respondent also concedes that decedent            
          received $14,303 of this income as distributions from Garry's                
          estate, and that Garry's estate expended $72,266 on expenses                 
          related to the production of this income.                                    
               As a result of these concessions, respondent now contends               
          that during 1979-93, decedent became entitled to $913,200 of the             
          investment income of Garry's estate, which was neither                       
          distributed to decedent nor spent on the costs of earning that               
          income.  Respondent further contends that decedent permitted the             
          children to enjoy the economic benefit of this $913,200, and                 
          thereby made aggregate taxable gifts to the children of that                 
          amount, also during 1979-93.                                                 
               The evidence sustains respondent's first contention (and we             
          have so found).  During 1979-93, decedent became entitled to                 
          $913,200 of the investment income of Garry's estate, which was               
          neither distributed to decedent nor spent to produce that income.            
          We now consider whether decedent made taxable gifts of all or                
          part of that $913,200 to her children, as respondent further                 
          contends.                                                                    
               A. Relevance of Decedent's Taxable Gifts to This Estate Tax             
                   Case                                                                
               Section 2001(a) imposes the Federal estate tax on the                   
          transfer of the "taxable estate" of every decedent who is a                  
          citizen or resident of the United States.  Under certain                     






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