- 11 - buyer with knowledge of all relevant facts would pay for the subject interest. See Estate of Lion v. Commissioner, 438 F.2d at 62; Estate of Lion v. Commissioner, 52 T.C. at 606; Old Kent Bank & Trust Co. v. United States, supra at 54. Since such a buyer would have been aware that the decedents were hurtling to the ground in a plane crash and would have recognized the probability of simultaneous deaths, the buyer would have paid nothing for the life estates at issue. See Estate of Lion v. Commissioner, 52 T.C. at 606; Old Kent Bank & Trust Co. v. United States, supra at 54. As stated by the Court of Appeals for the Fourth Circuit: Where at the time of the transferor’s death it was unmistakable to one in possession of the facts that the transferee’s life would be radically shorter than predicted in the actuarial tables, the value of a transferred life estate may be reduced accordingly for purposes of calculating the tax credit under � 2013. [Estate of Lion v. Commissioner, 438 F.2d at 62.] Moreover, the Court of Appeals for the Fourth Circuit also noted that this result is consistent with the regulations, which explicitly sanction use of “‘recognized valuation principles’” in the section 2013 context. Id. at 59-60, 62. The court concluded that use in section 20.2013-4, Estate Tax Regs., of the phrase beginning “see” to direct attention to actuarial tables, rather than an imperative phrase, served to “leave room for departure from strict application of the tables.” Id. at 60.Page: 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