- 14 - (1995), affd. without published opinion 108 F.3d 1393 (Fed. Cir. 1997), the court described the interest at issue in that case, a stream of payments to be received by the decedent’s estate under a lawsuit settlement agreement, as follows: This settlement agreement also provided for the funding of an annuity “for the sole use and benefit of WILLIAM ARRINGTON.” Specifically, the annuity would be for the sum of Two Thousand Twenty Seven and 86/100 ($2,027.86) Dollars per month beginning on January 7, 1990 for the remainder of WILLIAM ARRINGTON’s life, guaranteed for a minimum of three hundred and sixty (360) months. In the event of WILLIAM ARRINGTON’s death prior to the expiration of three hundred and sixty (360) months, the remaining monthly payments in the guaranteed period shall continue to be paid as they fall due on a monthly basis to the estate of WILLIAM ARRINGTON and not in a lump sum. The court then went on to hold the installments includible in the decedent’s gross estate under section 2033 on the grounds that the decedent was “the beneficial owner of the annuity”. Id. at 147-148, 150. Arrington v. United States, supra, thus illustrates that an annuity classification and a section 2033 inclusion are not mutually exclusive concepts. Consequently, based on the foregoing authorities, we are satisfied that the particular section under which an interest might be included in the gross estate is not dispositive of the interest’s status as an annuity which potentially must be valued under section 7520. Since the estate has conceded, and we concur, that the subject lottery payments are includible underPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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