Estate of Paul C. Gribauskas - Page 14




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          (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 under              






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