Estate of Paul C. Gribauskas - Page 36




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          99-5903.  On the issue of valuing these payments for estate tax             
          purposes, the District Court accepted with little explanation               
          that the prize was an annuity within the purview of section 7520.           
          See id. at 99-5905 to 99-5906.  However, the court concluded that           
          departure from the actuarial tables was warranted because failure           
          “to take into account the absolute lack of liquidity of the                 
          prize” rendered tabular valuation unreasonable.  Id. at 99-5906.            
               We cannot agree with the District Court for several reasons.           
          First, as indicated above, case law offers no support for                   
          considering marketability in valuing annuities.  (The only other            
          case cited by the estate for this proposition, Bamberg, Executor            
          under the Will of McGrath v. Commissioner of Revenue, No. 132709,           
          1985 WL 15773 (Mass. App. Tax. Bd. Sept. 20, 1985), is a State              
          tax case that affords no cogent analysis of the issue for Federal           
          tax purposes.)                                                              
               Second, the enactment of a statutory mandate in section 7520           
          reflects a strong policy in favor of standardized actuarial                 
          valuation of these interests which would be largely vitiated by             
          the estate’s advocated approach.  A necessity to probe in each              
          instance the nuances of a payee’s contractual rights, when those            
          rights neither alter or jeopardize the essential entitlement to a           
          stream of fixed payments, would unjustifiably weaken the law.               










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