Estate of Judith U. Harrison - Page 5




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          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 interests                  






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