Estate of Paul C. Gribauskas - Page 23




                                       - 23 -                                         
               Although there are few cases applying section 7520 to such             
          private annuities, this Court in Estate of Cullison v.                      
          Commissioner, T.C. Memo. 1998-216, affd. without published                  
          opinion 221 F.3d 1347 (9th Cir. 2000), characterized an                     
          arrangement as a private annuity and required its valuation under           
          section 7520.  The agreement at issue there provided that the               
          decedent would convey all of her interest in certain farmland to            
          her grandchildren by warranty deed and that the grandchildren               
          would pay to her $311,165 annually for the remainder of her life.           
          See id.  The agreement further specified that the decedent would            
          have no further interest in the land after the date the agreement           
          was signed and that the land would not be security for the                  
          annuity payments.  See id.                                                  
               In addressing whether any portion of the land transfer                 
          constituted a gift, the estate argued that the annuity was                  
          properly valued apart from the section 7520 tables, on the basis            
          of an interest rate supposedly reflecting that available on land            
          sale contracts in the area.  See id.  We, however, pointed out              
          that “Unlike a seller under a land sale contract, decedent under            
          the private annuity would have only an unsecured right to receive           
          a specified annual payment during her life.”  Id. (fn. ref.                 
          omitted).  We then held that such an interest was within the                
          scope of section 7520.  See id.                                             








Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011