- 5 - the reciprocal life estates for purposes of the section 2013 credit on the basis of actuarial tables promulgated under section 7520. I. Contentions of the Parties The estates contend that section 7520 makes use of actuarial tables mandatory, subject only to narrow exceptions not applicable here. Specifically, the estates maintain that judicial decisions and revenue rulings sanctioning departure from actuarial tables in cases of known simultaneous or clearly imminent deaths are not controlling here because there exist no facts to establish the circumstances surrounding the Harrisons’ demise. The spouses were only presumed dead after an absence of more than 9 months. The estates therefore aver that the life estates at issue were properly valued on the basis of transitional rules set forth in section 20.7520-4(a), Estate Tax Regs., which state that executors may rely on the formulas and tables in Notice 89-24, 1989-1 C.B. 660, and Notice 89-60, 1989-1 C.B. 700, to value transferred interests if the valuation date is after April 30, 1989, and before June 10, 1994. Conversely, respondent asserts that the Harrisons’ life estates may not be valued through application of actuarial formulas and tables. Rather, it is respondent’s position that this case presents a simultaneous death situation governed by case law and revenue rulings declaring valueless interestsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011