- 17 - other than his (or the estate’s) payment of his gift tax liabilities.10 Fourth, the parties have stipulated that the donee children paid none of decedent’s 1991 and 1992 gift tax liabilities–-a fact specifically noted by the U.S. Court of Appeals for the Fourth Circuit in the refund litigation. Estate of Armstrong v. United States, 277 F.3d at 496 (“the donee children have paid no gift taxes”). The donee children’s mere conditional promise to pay certain additional gift taxes that decedent might be determined to owe does not reduce the amount of decedent’s gift taxes included in the gross estate under section 2035(c). Fifth, in any event (and unsurprisingly in light of our previous observations) the estate has set forth no particular facts to show that decedent or the estate received or was entitled to receive “consideration” for payment of decedent’s 1991 and 1992 gift taxes; the estate’s mere allegations in this 10 If we were to suspend disbelief and assume, for the sake of argument, that decedent received valuable “consideration” in exchange for his agreeing to pay his own gift tax liabilities, it would logically follow that decedent’s gross estate should be increased to reflect the date-of-death value of this alleged consideration, thus offsetting the tax benefit that the estate seeks to obtain by netting this “consideration” against the gift taxes otherwise includable in the gross estate under sec. 2035(c).Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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