- 25 - benefit an annuity of Three Hundred Thousand ($300,000.00) Dollars per year from my date of death during his life”. We held that the bequest was “properly characterized as a lifetime annuity under section 20.2031-7(a)(2), Estate Tax Regs.”, and properly valued by the tables prescribed thereunder. Id. Given such cases, we are satisfied that the definition of annuity for purposes of section 7520 is broader than the estate suggests. Estate of Cullison v. Commissioner, supra, involved neither a payment stream derived from an invested corpus nor the liquidation of an asset. The payments in Dix v. Commissioner, supra, were equally independent of any underlying corpus. The bequest in Estate of Shapiro v. Commissioner, supra, bears little resemblance to the contractual relationship described by the estate--purchase premiums, benefit options, beneficiary elections, etc., played no role in the annuity’s genesis or operation. Moreover, the authorities discussed above also make clear that a private annuity may be nothing more or less than an unsecured debt obligation. Consequently, the estate’s repeated labeling of the LOTTO prize as such in no way disqualifies it from annuity status. That said, we turn to those assets that the parties have agreed are in fact not considered annuities for valuation purposes.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011