- 8 - 17 F.3d 965 (7th Cir. 1994). The facts in this case have been stipulated for purposes of the cross-motions for summary judgment. Decedent's gross estate includes partnership interests pursuant to sections 2038 and 2044 valued with fractional interest discounts based on lack of marketability and other disabilities. The first issue is whether the partnership interests that were held by the estate should be valued independently of each other. The second issue is whether the partnership interests that passed at decedent's death were partnership interests or "assignee" interests. Both issues present legal questions and are, therefore, appropriate for partial summary judgment. Issue 1 Section 2031 includes in the decedent's gross estate the value of property described in sections 2033 through 2044. Under section 2038, a decedent's gross estate includes the value of all property interests transferred by a decedent during the decedent's lifetime, unless for full consideration, if at the decedent's death the enjoyment of such property is subject to any change through a retained power to revoke. Section 2044 includes in the gross estate the value of all property in which the decedent had a qualified income interest for life and for which a deduction was allowed under section 2056(b)(7) in computing the value of the decedent's predeceased spouse's estate. PropertyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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