Estate of Paul C. Gribauskas - Page 29




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          issues are largely subsidiary to determining the basic                      
          characterization, in the first instance, of a payment right.                
          Whether these features affect the value in a particular case of             
          an asset so classified is a question which we shall take up                 
          below.  At this juncture, we first hold that decedent’s lottery             
          winnings constitute an annuity for tax purposes and within the              
          meaning of section 7520.                                                    
               C.  Valuation of Lottery Installments Under Section 7520               
               Interests within the purview of section 7520 must be valued            
          in accordance with the prescribed actuarial tables unless they              
          can satisfy the requisites for an exception to the statute’s use.           
          As previously indicated, section 20.7520-3(a), Estate Tax Regs.,            
          provides a list of exceptions effective May 1, 1989, none of                
          which has been cited as on point here, and section 20.7520-3(b),            
          Estate Tax Regs., enumerates additional exceptions effective                
          after December 13, 1995.  See sec. 20.7520-3(c), Estate Tax Regs.           
          While these latter limitations are not directly applicable to               
          1994, the preamble to T.D. 8630, 1996-1 C.B. 339, which adopted             
          paragraph (b) as an amendment to the final regulations under                
          section 7520, addressed the relationship of the new provisions to           
          prior law as follows:                                                       
                    One commentator suggested that the tables                         
               prescribed by the regulations must be used for valuing                 
               all interests transferred between April 30, 1989 (the                  
               effective date of section 7520) and December 13, 1995                  
               (the effective date of the regulations).  However,                     
               these regulations generally adopt principles                           





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