Estate of Judith U. Harrison - Page 8




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          then enumerates a series of limitations on the statute’s                    
          application.  The list concludes with “Any other sections of the            
          Internal Revenue Code to the extent provided by the Internal                
          Revenue Service in revenue rulings or revenue procedures.”  Sec.            
          20.7520-3(a)(9), Estate Tax Regs.  Paragraph (a) is effective as            
          of May 1, 1989.  See sec. 20.7520-3(c), Estate Tax Regs.                    
               At the time paragraph (a) was issued, Rev. Rul. 80-80, 1980-           
          1 C.B. 194, set forth the standard applied by the Commissioner              
          for determining whether departure from actuarial tables was                 
          warranted.  The test therein provided:                                      
                    In view of recent case law, the resulting                         
               principle is as follows: the current actuarial tables                  
               in the regulations shall be applied if valuation of an                 
               individual’s life interest is required for purposes of                 
               the federal estate or gift taxes unless the individual                 
               is known to have been afflicted, at the time of                        
               transfer, with an incurable physical condition that is                 
               in such an advanced stage that death is clearly                        
               imminent.  Death is not clearly imminent if there is a                 
               reasonable possibility of survival for more than a very                
               brief period. * * * [Id.]                                              
               Rev. Rul. 80-80, 1980-1 C.B. 194, was subsequently obsoleted           
          by Rev. Rul. 96-3, 1996-1 C.B. 348, in conjunction with the                 
          promulgation of section 20.7520-3(b), Estate Tax Regs.  This                
          paragraph (b) is effective with respect to estates of decedents             
          dying after December 13, 1995.  See sec. 20.7520-3(c), Estate Tax           
          Regs.  Among other things, paragraph (b) explicitly precludes use           
          of actuarial tables prescribed under section 7520 in instances              
          of:  (1) Terminal illness, where there is at least a 50-percent             






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