- 8 - 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-percentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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