Estate of Paul C. Gribauskas - Page 30




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               established in case law and published IRS positions.                   
               * * * There is no indication that Congress intended to                 
               supersede this well-established case law and                           
               administrative ruling position when it enacted section                 
               7520.  Consequently, in the case of transfers prior to                 
               the effective date of these regulations, the question                  
               of whether a particular interest must be valued based                  
               on the tables will be resolved based on applicable case                
               law and revenue rulings.                                               
               Accordingly, the estate references both case law and section           
          20.7520-3(b)(1)(ii), Estate Tax Regs., to establish that                    
          decedent’s lottery winnings, even if considered an annuity under            
          section 7520, need not be valued by means of the prescribed                 
          tables.                                                                     
               At the time section 7520 was enacted, this and other courts            
          had long accepted as a general rule that interests covered by               
          then-existing regulatory tables were to be valued thereunder                
          “‘unless it is shown that the result is so unrealistic and                  
          unreasonable that either some modification in the prescribed                
          method should be made * * * or complete departure from the method           
          should be taken, and a more reasonable and realistic means of               
          determining value is available.’”  Vernon v. Commissioner, 66               
          T.C. 484, 489 (1976) (quoting Weller v. Commissioner, 38 T.C.               
          790, 803 (1962)); see also Berzon v. Commissioner, 534 F.2d 528,            
          531-532 (2d Cir. 1976), affg. 63 T.C. 601 (1975); Continental               
          Ill. Natl. Bank & Trust Co. v. United States, 504 F.2d 586, 594             
          (7th Cir. 1974); Froh v. Commissioner, 100 T.C. 1, 3-4 (1993),              
          affd. without published opinion 46 F.3d 1141 (9th Cir. 1995);               






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