- 7 - submitted with the estate’s Form 706 concluded that the unencumbered fair market value of decedent’s interest in the Cotulla Ranch on decedent’s date of death was $1,380,000 and that the fair market value of the Cotulla Ranch encumbered by the postdeath lease was $1,070,000. In the notice of deficiency, respondent determined that the fair market value of the Cotulla Ranch on the date of decedent’s death was $1,380,000. In addition to respondent’s determination of the fair market value of the ranch properties at decedent’s date of death, respondent determined in the notice of deficiency: It is also determined that section 2703 of the Internal Revenue Code applies to any lease or lease options which the decedent may have had with her children on the ranches * * *. Accordingly, the values of Schedule A * * * should be determined without regard to such leases or lease options, if any. Furthermore, the leases and/or lease options were not valid under state law. Similarly, they were not bona fide business transactions but devices intended to avoid federal transfer taxes. In effect the alleged leases and/or options to lease were shams. Accordingly, the reported value of the gross estate is increased $1,110,000.00 * * *. OPINION The issue presented is whether the ranch properties that were owned by decedent at her date of death were encumbered by oral options that extended the existing leases on the ranch properties and, if so, whether the oral options or the existing leases were a restriction on the sale or use of the ranchPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011