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speculative. Estate of Armstrong v. United States, 277
F.3d 490 (4th Cir. 2002).
1. Held: Pursuant to sec. 2035(c), I.R.C., D’s
gross estate includes the $4,680,284 in gift taxes paid
by or on behalf of D with respect to his 1991 and 1992
gifts of stock. Held, further, the amount includable
in D’s gross estate pursuant to sec. 2035(c), I.R.C.,
is not reduced to take into account consideration
allegedly received by D in connection with payment of
the gift taxes.
2. Held, further, sec. 2035(c), I.R.C., does not
violate due process under the Fifth Amendment.
3. Held, further, sec. 2035(c), I.R.C., does not
violate equal protection requirements of the Fourteenth
Amendment as encompassed by the Fifth Amendment.
4. Held, further, no deduction is allowable under
sec. 2055(a), I.R.C., with respect to gift taxes
included in D’s gross estate pursuant to sec. 2035(c),
I.R.C.
Aubrey J. Owen and Stephen L. Pettler, Jr., for petitioner.
Veena Luthra, Deborah C. Stanley, and Cheryl M.D. Rees, for
respondent.
OPINION
THORNTON, Judge: Respondent determined a $2,350,071 Federal
estate tax deficiency with respect to the Estate of Frank
Armstrong, Jr. (the estate). This case is before us on
respondent’s motion for partial summary judgment under Rule 121.1
1 Unless otherwise indicated, all Rule references are to the
Tax Court Rules of Practice and Procedure, and all section
references are to the Internal Revenue Code in effect for the
date of decedent’s death.
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