Estate of Ona E. Hendrickson - Page 35




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          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 decedent               





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