Estate of Judith U. Harrison - Page 15




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          Commissioner, 135 F.3d 1017 (5th Cir. 1998), revg. and remanding            
          T.C. Memo. 1996-307, and section 20.7520-4, Estate Tax Regs., to            
          be misplaced.                                                               
               The decedent in Estate of McLendon v. Commissioner, supra at           
          1018-1020, after having been diagnosed with cancer, made a                  
          transfer of property in trust and received in return an annuity             
          based on the actuarial tables for an individual of his age.  He             
          died approximately 6 months later, and the Commissioner                     
          determined that the transferred property was to be included in              
          his estate under section 2036(a) as a transfer not for adequate             
          and full consideration.  See id. at 1020-1021.  The Court of                
          Appeals for the Fifth Circuit held that the decedent was entitled           
          to follow Rev. Rul. 80-80, 1980-1 C.B. 194, and concluded, as a             
          factual matter, that his death was not clearly imminent at the              
          time of the transfer.  See id. at 1023, 1025.  Use of actuarial             
          tables was accordingly deemed proper.  See id.                              
               The estates quote the following language from Estate of                
          McLendon v. Commissioner, supra at 1025, to support their                   
          reliance on the transitional rules of section 20.7520-4(a),                 
          Estate Tax Regs.:  “Where the Commissioner has specifically                 
          approved a valuation methodology, like the actuarial tables, in             
          his own revenue ruling, he will not be heard to fault a taxpayer            
          for taking advantage of the tax minimization opportunities                  
          inherent therein.”                                                          






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