Estate of Judith U. Harrison - Page 11




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          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.                         








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Last modified: May 25, 2011