Estate of Ethel S. Nowell, Deceased, David A. Prechel, Personal Representative - Page 8




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          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.  Property              





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