Estate of Cyril I. Magnin, Deceased, Donald Isaac Magnin, Executor - Page 57




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          determination is appropriate if it is within a range of figures             
          that may properly be deduced from the evidence.  See Hamm v.                
          Commissioner, 325 F.2d at 939-940 (holding that this Court’s                
          valuation decision, phrased in “not less than” language,                    
          possessed sufficient definiteness and constituted an acceptable             
          finding as to value).  Overall, we have found respondent’s                  
          analysis to be more indicative of the values of the interests               
          transferred.  Factoring in the other considerations discussed               
          earlier, we hold that the value of the remainder interest                   
          transferred by Cyril was between $90,000 and $110,000.                      
               C.   Conclusion                                                        
               The Court of Appeals for the Ninth Circuit emphasized that,            
          on remand, a determination of “adequate and full consideration”             
          requires a finding that the exchanged interests are of                      
          “‘approximately equal value’”.  Estate of Magnin v. Commissioner,           
          184 F.3d at 1081 (quoting Estate of Davis v. Commissioner, 440              
          F.2d 896, 900 (3d Cir. 1968), revg. 51 T.C. 269 (1971)).  This              
          Court has not interpreted the “adequate and full consideration”             
          requirement as necessitating a dollar-for-dollar matching of                
          consideration paid with the value of the transferred property.              
          Estate of Carli v. Commissioner, 84 T.C. 649, 661 (1985); Estate            
          of O’Nan v. Commissioner, 47 T.C. 648, 663 (1967).  Cyril                   
          transferred a remainder interest in exchange for a life estate.             
          The value of the remainder interest Cyril transferred was between           
          $90,000 and $110,000.  The value of the life estate Cyril                   
          received was $43,878.  In the instant case, the approximately 2-            





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