Estate of Elma Middleton Dailey, Deceased, Donor, K. Robert Dailey, II, Executor - Page 2




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          6251-00, and a Federal estate tax deficiency of $143,932 relating           
          to docket No. 6262-00.  Unless otherwise indicated, all section             
          references are to the Internal Revenue Code as amended, and all             
          Rule references are to the Tax Court Rules of Practice and                  
          Procedure.  The issues are the valuation of certain retained and            
          gift interests in a Family Limited Partnership (FLP) and                    
          liability for the section 6651(a) addition to tax.                          
                                  FINDINGS OF FACT                                    
               When the petitions were filed, K. Robert Dailey II was a               
          resident of Harris County, Texas, where, in 1997, his mother,               
          Elma Middleton Dailey, had died, and Mr. Dailey had received an             
          appointment to be her executor.  On December 2, 1982, Mrs.                  
          Dailey’s husband died, leaving to her, among other things, the              
          following:                                                                  
                                        Number of  Value per    Total                 
               Company                   Shares      Share     Value                  
               Exxon Corp.              11,108    $33.63    $373,562                  
               American Telephone                                                     
               & Telegraph Co. (AT&T)     400     65.75      26,300                   
               On October 20, 1992, Mrs. Dailey executed a will, a                    
          Revocable Living Trust (Trust), and an Agreement of Limited                 
          Partnership (Agreement) of Elma Middleton Dailey FLP.  The will             
          provided that Mrs. Dailey’s residuary estate would pass to the              
          Trust, from which her son would receive the corpus outright.                
               Upon execution of the Agreement, Mrs. Dailey took a 1-                 
          percent general and a 98-percent limited partnership interest,              





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