- 30 - 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);Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011