Estate of Cyril I. Magnin, Deceased, Donald Isaac Magnin, Executor - Page 13




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          a valuation of the full fee-simple interest in the property                 
          transferred to the trust, not just the remainder interest, and              
          that Cyril had not received “adequate and full consideration” for           
          the full fee-simple interest.  We relied on the holding in United           
          States v. Past, supra, that “adequate and full consideration”               
          must be given for the value of the entire property interest                 
          transferred to the trust, not just the remainder interest.  Id.             
          at 12.  Alternatively, we indicated that even if the proper                 
          measure of adequate and full consideration had been the remainder           
          interest, the estate had not established that Cyril had received            
          adequate and full consideration for the remainder interest.7  In            
          our prior opinion, we stated that the proper standard to apply in           

               7In a footnote, we stated:                                             
                    Even if we were to hold that sec. 2036(a) requires                
               receipt of adequate and full consideration for only the                
               remainder interest, we would find that petitioner has                  
               not met its burden of proving that the value of the                    
               interest in Joseph’s stock that Cyril received equaled                 
               the value of the remainder interest transferred.  We                   
               conclude, infra, that the value of the interest                        
               received by Cyril is $43,878.  The value of the                        
               remainder interest transferred by Cyril is $42,000                     
               according to * * * [the estate] and $122,997.64 under                  
               respondent’s calculations.  These values were                          
               determined after the parties made certain posttrial                    
               adjustments to their expert reports.  Although we need                 
               not determine the precise value of the remainder                       
               interest transferred by Cyril, we conclude that it was                 
               more than $43,878.  This conclusion is based on the                    
               evidence, including the expert witnesses’ opinions and                 
               the values placed on JM and Specialty stock in gift and                
               estate tax returns filed by Cyril and Joseph between                   
               1948 and 1953.  [Estate of Magnin v. Commissioner, T.C.                
               Memo. 1996-25 n.12.]                                                   





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