Estate of Cyril I. Magnin, Deceased, Donald Isaac Magnin, Executor - Page 12




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          the consideration received by Cyril was limited to approximately            
          $30,500, based on the report and testimony of an expert                     
          appraiser, Stephen A. Stewart (Mr. Stewart).  The estate argued             
          that the consideration received by Cyril was $58,146, based on              
          the report and testimony of its expert appraiser, Bryan H.                  
          Browning (Mr. Browning).  Mr. Stewart assigned a value of                   
          $244,000 to Cyril’s entire stock interest, $123,000 of which was            
          allocated to Cyril’s remainder interest.  Mr. Browning assigned a           
          value of $83,600 to Cyril’s entire stock interest, $42,000 of               
          which was allocated to Cyril’s remainder interest.                          
          Prior Court Proceedings                                                     
               The main issue for decision in this case was whether Cyril’s           
          1971 transfers in trust with retained life estates were                     
          includable in his gross estate, or whether they were excluded               
          from the estate because they were bona fide sales for “adequate             
          and full consideration” within the meaning of section 2036(a).              
          In our original opinion, we upheld respondent’s deficiency                  
          determination.  Although we found that the 1951 Agreement                   
          contained an element of bargained-for consideration, we noted               
          that this did not automatically establish adequate and full                 
          consideration within the meaning of section 2036(a).  See Estate            
          of Magnin v. Commissioner, T.C. Memo. 1996-25; United States v.             
          Past, 347 F.2d 7, 12 n.2 (9th Cir. 1965).  We held that the                 
          proper calculation of the interest transferred by Cyril required            






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