- 13 - 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.]Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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