- 6 - The regulations promulgated under section 2031 generally provide the methods by which property described in sections 2033 through 2045 is to be valued. Secs. 20.2031-1 through 20.2031-9, Estate Tax Regs. The valuation of any property not specifically described in sections 20.2031-2 through 20.2031-8, Estate Tax Regs., is made in accordance with the general principles set forth in section 20.2031-1, Estate Tax Regs. See sec. 20.2031-9, Estate Tax Regs. Where the property is subject to valuation using general principles, the value of property includable in the gross estate is its fair market value. Sec. 20.2031-1(b), Estate Tax Regs. A property’s fair market value is the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell, and both having reasonable knowledge of relevant facts. Id. Section 2033 provides that the value of a decedent’s gross estate includes the value of all property to the extent of the decedent’s interest at the time of his death. Sec. 2033; Estate of Mellinger v. Commissioner, 112 T.C. 26 (1999). Decedent owned a 50-percent interest in the partnership at the time of her death, the value of which must be included in her gross estate. Sec. 2033. On the valuation date, the partnership’s assets included the right to receive 19 annual lottery payments and cash. To establish the value of decedent’s interests in thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011