- 19 - under section 2036 is only a corresponding proportion of the amount described in the preceding sentence.* * * [Sec. 20.2036-1(a), Estate Tax Regs.] Thus, since decedent retained possession and enjoyment of her entire residence, the full value of the condominium is includable in her gross estate. The standard for ascertaining such value is then set forth in section 20.2031-1(b), Estate Tax Regs. Specifically, property is included in the gross estate at its “fair market value”, defined as “the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.” Id. The date with respect to which the asset is valued is either the date of death or, if the alternate valuation method under section 2032 is elected, the date prescribed in that section. Sec. 20.2031-1(b), Estate Tax Regs. As pertinent here, section 2032(a)(1) states that property disposed of within 6 months of the decedent’s death is valued as of the date of its disposition. Decedent’s condominium was sold approximately 5-1/2 months after her death for $155,000. Respondent determined a value of $125,000 in the notice of deficiency. The estate has offered no further evidence and no argument on the issue of valuation. WePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011