Estate of Ona E. Hendrickson - Page 30




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          circumstances, a decedent's taxable estate may be deemed to                  
          include property that was given away by the decedent before                  
          death.  See, e.g., secs. 2036-2038.  In this case, however,                  
          respondent has not asserted that any of decedent's lifetime gifts            
          should be included in decedent's taxable estate.                             
               Accordingly, respondent has not claimed that any of                     
          decedent's $913,200 in investment income should be directly                  
          subject to the estate tax, as part of decedent's taxable estate.             
          Nevertheless, the determination of the portion of the $913,200               
          that was transferred by decedent, during her lifetime, to the                
          children in transactions that constitute "taxable gifts" for gift            
          tax purposes remains relevant to this case.  Under section                   
          2001(b), the amount of decedent's post-1976 "taxable gifts" is               
          taken into account in the calculation of decedent's estate tax;              
          the amount of such gifts in part determines the marginal rates of            
          tax imposed on decedent's taxable estate.  See Estate of Smith v.            
          Commissioner, 94 T.C. 872 (1990).                                            
               Our decision concerning the amount of decedent's lifetime               
          taxable gifts will also determine the amounts to be collected on             
          the assessments of the related gift tax deficiencies determined              
          by respondent.  Respondent has undertaken to follow the Court's              
          conclusions in this case in any future collection actions taken              
          with respect to those deficiencies.                                          







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