Estate of Rebecca A. Wineman - Page 21




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          determined that decedent had made taxable gifts to her children             
          amounting to $53,784 that are properly includable in decedent's             
          adjusted taxable gifts.  Only $23,784 of that determination                 
          remains at issue and encompasses two types of gifts:  (1) Checks            
          of $10,000 delivered to each of decedent's three children and (2)           
          below-market-value rental of decedent's ranch properties.  After            
          reducing the amount of the gifts by $10,000 to account for the              
          annual exclusion, respondent determined that decedent had made              
          taxable gifts to her children amounting to $5,595 in 1989,                  
          $11,595 in 1990, and $6,594 in 1991.                                        
               The parties stipulated that decedent made the first type of            
          gifts.  Respondent asserts that the information submitted by                
          petitioner’s expert on comparable rentals demonstrates that                 
          decedent's rate of rent was less than the market rate.                      
          Petitioner argues that decedent charged a market rate because               
          Coastal Ranches paid various property-related expenses.  We agree           
          with respondent.                                                            
               Petitioner's special use valuation report indicated that the           
          annual fair market rent of decedent's pro rata interest in the              
          parcels rented to Coastal Ranches was $14,725.  The report did              
          not identify a fair market rent for parcel 3.  Respondent                   
          estimated that the annual fair market rent of decedent's 51-                
          percent interest in parcel 3's land and improvements (excluding             







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