Estate of Frank Armstrong, Jr., Deceased, Frank Armstrong III, Executor - Page 14




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          2041”.6  Section 2035(c) (unlike section 2035(a), for example),             
          does not describe a “transfer” but merely requires that the gross           
          estate be grossed up by the amount of gift taxes paid on gifts              
          made within 3 years of the decedent’s death.7                               
               The estate suggests that even though section 2035(c) does              
          not explicitly refer to a “transfer”, it nevertheless must be               
          understood to describe a “transfer” so as to implicate section              
          2043(a).  After all, the estate observes, the estate tax is a tax           
          on the privilege of transfer.  Section 2035(c) requires payments            
          of certain gift taxes to be included in the gross estate, the               
          estate says.  Therefore, the estate concludes, section 2035(c),             
          in describing these gift tax payments, must describe “transfers”            
          within the meaning of section 2043(a).  We disagree.                        




               6 Sec. 2043(a) provides:                                               
               SEC. 2043(a). In General.–-If any one of the                           
               transfers, trusts, interests, rights, or powers                        
               enumerated and described in sections 2035 to 2038,                     
               inclusive, and section 2041 is made, created,                          
               exercised, or relinquished for a consideration in money                
               or money’s worth, but is not a bona fide sale for an                   
               adequate and full consideration in money or money’s                    
               worth, there shall be included in the gross estate only                
               the excess of the fair market value at the time of                     
               death of the property otherwise to be included on                      
               account of such transaction, over the value of the                     
               consideration received therefor by the decedent.                       
               7 As discussed in more detail infra, this gross-up rule                
          functions to eliminate certain disparities in the tax treatment             
          of deathtime and lifetime transfers.                                        





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