Estate of Paul C. Gribauskas - Page 6




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                                     Discussion                                       
          I.  General Rules                                                           
               As a general rule, the Internal Revenue Code imposes a                 
          Federal tax on “the transfer of the taxable estate of every                 
          decedent who is a citizen or resident of the United States.”                
          Sec. 2001(a).  Such taxable estate, in turn, is defined as the              
          “value of the gross estate”, less applicable deductions.  Sec.              
          2051.  Section 2031(a) then specifies that the gross estate                 
          comprises “all property, real or personal, tangible or                      
          intangible, wherever situated”, to the extent provided in                   
          sections 2033 through 2045.                                                 
               Section 2033 broadly states that “The value of the gross               
          estate shall include the value of all property to the extent of             
          the interest therein of the decedent at the time of his death.”             
          Sections 2034 through 2045 then explicitly mandate inclusion of             
          several more narrowly defined classes of assets.  Among these               
          specific sections is section 2039, which reads as follows:                  
               SEC. 2039.  ANNUITIES.                                                 
                    (a) General.--The gross estate shall include the                  
               value of an annuity or other payment receivable by any                 
               beneficiary by reason of surviving the decedent under                  
               any form of contract or agreement entered into after                   
               March 3, 1931 (other than as insurance under policies                  
               on the life of the decedent), if, under such contract                  
               or agreement, an annuity or other payment was payable                  
               to the decedent, or the decedent possessed the right to                
               receive such annuity or payment, either alone or in                    
               conjunction with another for his life or for any period                
               not ascertainable without reference to his death or for                
               any period which does not in fact end before his death.                





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