- 35 - approximately $500,000 decrease in the value of decedent's interest in the Gibson County coal rights (see supra p. 16). With respect to the income generated by the assets, petitioner does not dispute that decedent became entitled to $913,200 of net investment income during 1979-93, which was not included in decedent's estate. Petitioner admits that decedent's income was transferred to a Hendrickson family "pool", in which the children had an interest; petitioner also acknowledges that intrafamily transactions are generally presumed to be gifts. Notwithstanding all this, petitioner still maintains that decedent did not make any of the taxable gifts determined by respondent. Petitioner's position, unlike respondent's, focuses on decedent's asserted motivation for her use of the investment income. As set forth in more detail below, petitioner argues that decedent did not intend to make any gifts, and that she either invested or spent most or all of her income to preserve the family farm. Petitioner additionally argues that, if any of decedent's income was not in fact spent on the family farm, decedent received full consideration for that income in money or money's worth, in the form of a receivable from HEI and the children's provision of services to the farm. In this context, petitioner notes that Garry's family had lived in Warrick County, Indiana, since 1853 and that decedentPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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