Estate of Paul C. Gribauskas - Page 25




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          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.                                                         








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Last modified: May 25, 2011