- 9 - In the statutory notice, respondent treated petitioner’s intrafamily transfers as gifts valued at $9,309,593. Before trial, the parties agreed to have an arbitration panel decide the value of these interests at the time of transfer, without regard to any encumbrances on the properties. The parties have called upon this Court to decide whether (and, if so, by how much) adverse claims of title would affect the panel’s appraisals of value. The panel, made up of two partisan arbitrators who chose a third neutral one, fixed the unencumbered values of these interests at $1,455,914; i.e., the mineral leases transferred to Mrs. Grynberg were $1,404,902, the overriding royalties assigned to the children’s trusts were $50,412, and the overriding royalties assigned to his wife were $600. Approximately 11 percent of the total value of mineral interests assigned was subject to judgment liens or lis pendens. OPINION The Spousal Assignments The first issue is whether any of the transfers to Mrs. Grynberg were gifts giving rise to Federal gift taxes. We note that the transfers took place before the advent of the unlimited marital deduction under section 2523(a) (as amended and in effect currently).4 4The Economic Recovery Tax Act of 1981, Pub. L. 97–34, sec. 403(b)(1), 95 Stat. 172, 301, broadened the gift tax marital (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011