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17. As personal representative of the Estate,
Gail breached the Livestock Agreement by (i) refusing
to pay any of the expenses of the cattle; (ii) letting
the truck and tractor be repossessed and not replacing
the same; and (iii) attempting to evict the Jakubeks
from the property in early 1996.
The Judgment in Cause No. 96-60 included, among others, the
following order:
Judgment is hereby entered against Gail Williams,
individually and in her capacity as personal
representative of the Estate of Theodore Chemodurow,
and in favor of Cyndi and Paul Jakubek on each and
every counterclaim brought by Ms. Williams in DV 96-60.
Discussion
I. Introduction
The Federal estate tax is imposed on the transfer of the
taxable estate. See sec. 2001. The value of the taxable estate
is derived from the value of the gross estate. See sec. 2051.
The value of the gross estate includes the value of all property
to the extent of the decedent’s interest therein at the time of
his death. See sec. 2033. We look to State law to interpret
interests and rights. See Tracy v. Commissioner, 70 T.C. 397,
402 (1978); cf. Helvering v. Stuart, 317 U.S. 154, 161 (1942).
As relevant to this proceeding, petitioner assigned error to
respondent’s determinations that, at the time of his death,
decedent had an interest in the Abagail ranch and the ranch
equipment. In support of those assignments, petitioner averred
that, prior to decedent’s death, decedent had sold or otherwise
transferred the property to Ms. Williams, who, at the time of
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