Estate of Melvine B. Atkinson - Page 5




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          annuity trust.  The probate judge signed a proposed order to that           
          effect.  At that time $667,000, representing the annuity payments           
          due to Birchfield accrued from decedent’s death, was set aside              
          for Birchfield.  MacQuarrie delayed paying the accrued amount to            
          Birchfield due to concern over a possible estate audit but                  
          motioned the court for approval to distribute the funds before a            
          closing letter was obtained.  The probate judge ordered that                
          those funds be distributed to Birchfield, and a payment of                  
          $667,000 was made to Birchfield on December 31, 1996.  Four                 
          additional payments were made to Birchfield towards her 5-percent           
          annuity amount.  No Federal estate or State death taxes were paid           
          by Birchfield on the amounts she received.  It was subsequently             
          determined that funds from the administrative trust were                    
          insufficient to pay both the estate tax attributable to                     
          Birchfield’s interest and the administration expenses and                   
          retirement of decedent’s debts.  Accordingly, it will be                    
          necessary to invade the CRAT to make up the shortfall.                      
               Birchfield died of breast cancer on April 22, 1997.  At the            
          time of the estate valuation calculation, MacQuarrie had asked              
          for and received an affidavit from Birchfield’s doctor stating              
          that Birchfield had a less than 5-year life expectancy.  In                 
          accordance with section 7520,1 the estate valued the charitable             


               1 Unless otherwise indicated, all section references are to            
          the Internal Revenue Code in effect as of the date of decedent’s            
                                                             (continued...)           





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