Estate of Judith U. Harrison - Page 13




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               The regulations issued under section 2013 have been amended            
          to reflect section 7520’s enactment, yet they continue to                   
          expressly authorize use of “recognized valuation principles” in             
          valuing life estates.  Sec. 20.2013-4(a), Estate Tax Regs.  They            
          similarly have retained the nonimperative term “see” to cite                
          provisions dealing with actuarial tables as an example of such              
          principles.  Id.  Furthermore, one of the provisions so cited is            
          section 20.7520-3, Estate Tax Regs., which enumerates exceptions            
          to use of actuarial tables.  Section 20.7520-3, Estate Tax Regs.,           
          in turn, was promulgated under the explicit statutory grant of              
          authority in section 7520(b), stating that the section shall not            
          apply for purposes of “any other provision specified in                     
          regulations.”  Section 20.7520-3(a)(9), Estate Tax Regs., then              
          likewise specifies that section 7520 shall not apply for purposes           
          of “Any other sections of the Internal Revenue Code to the extent           
          provided by the Internal Revenue Service in revenue rulings or              
          revenue procedures.”  As effective in 1994, Rev. Rul. 80-80,                
          1980-1 C.B. 194, precluded use of valuation tables where death              
          was clearly imminent.  We observe that such would frequently be             
          the case in the throes or aftermath of an airplane crash.                   
               We also reject the estates’ contentions that, in order for             
          an exception to fall within the terms of section 7520(b) and                
          section 20.7520-3(a)(9), Estate Tax Regs., the Commissioner is              
          required in all instances to specifically designate in the                  






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