Estate of Paul C. Gribauskas - Page 38




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               Lastly, we comment that section 20.7520-3(b)(1)(ii), Estate            
          Tax Regs., cited by the estate, does not cause us to reach a                
          different conclusion.  Section 20.7520-3(b)(1)(ii), Estate Tax              
          Regs., deals with an exception to section 7520 for certain                  
          restricted beneficial interests and states:                                 
               A restricted beneficial interest is an annuity, income,                
               remainder, or reversionary interest that is subject to                 
               any contingency, power, or other restriction, whether                  
               the restriction is provided for by the terms of the                    
               trust, will, or other governing instrument or is caused                
               by other circumstances.  In general, a standard section                
               7520 annuity, income, or remainder factor may not be                   
               used to value a restricted beneficial interest. * * *                  
          The regulation then goes on to cite two examples where its                  
          provisions would be applicable, one of which involves a power to            
          invade corpus that could diminish the income interest to be                 
          valued and the other of which addresses an annuity payment                  
          measured by the life of one with a terminal illness.  See id.;              
          sec. 20.7520-3(b)(2)(v), Example (4), Estate Tax Regs.; sec.                
          20.7520-3(b)(4), Example (1), Estate Tax Regs.                              
               In light of the examples given and the previously quoted               
          preamble of T.D. 8630, 1996-1 C.B. 339, we are satisfied that the           
          intent of this provision was to formalize the existing case law             
          regarding the validity of the tabular assumptions in situations             
          where facts show a clear risk that the payee will not receive the           
          anticipated return.  Thus, a restriction within the meaning of              
          the regulation is one which jeopardizes receipt of the payment              
          stream, not one which merely impacts on the ability of the payee            





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