Estate of Paul C. Gribauskas - Page 22




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               1.  Analysis of Annuity Characteristics                                
               We begin with a few comments on the relevance of the                   
          estate’s submissions regarding the characteristics of a typical             
          annuity.  While we do not dispute that the features cited may be            
          widely present in commercially purchased annuity contracts, we              
          point out that to the extent these elements are not also                    
          representative of so-called private annuities, they offer little            
          insight into the nature of interests intended to be treated under           
          the section 7520 tables.                                                    
               Section 7520(b) states that the section shall not apply for            
          purposes “specified in regulations.”  Section 20.7520-1, Estate             
          Tax Regs., directs generally that annuities be valued in                    
          accordance with section 20.2031-7, Estate Tax Regs., and the                
          tables therein.  However, section 20.2031-7(b), Estate Tax Regs.,           
          expressly excepts commercial annuities from its operation, as               
          follows:  “The value of annuities issued by companies regularly             
          engaged in their sale * * * is determined under � 20.2031-8.”               
          Section 20.2031-8(a)(1), Estate Tax Regs., in turn provides that            
          the value of such contracts “is established through the sale by             
          that company of comparable contracts.”  Since the State of                  
          Connecticut is not in the business of selling annuity contracts,            
          we clarify that the attributes of a commercial annuity are                  
          relevant here only in so far as they parallel what would be found           
          with respect to a private annuity.                                          






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