Estate of Marie L. Concordia, Deceased, Edward C. McReady, Executor - Page 8




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          is not included in the decedent’s gross estate.  Sec. 20.2040-1,            
          Estate Tax Regs.                                                            
               Section 2040 creates a rebuttable presumption that the                 
          entire value of the jointly owned property is includable in the             
          decedent’s estate with the burden falling upon the estate to show           
          the consideration.  Hahn v. Commissioner, 110 T.C. 140, 144                 
          (1998); Estate of Heidt v. Commissioner, 8 T.C. 969 (1947), affd.           
          per curiam 170 F.2d 1021 (9th Cir. 1948).  Finally, our                     
          determination of whether Mrs. McReady provided consideration                
          adequate to exclude from decedent’s gross estate one-half the               
          value of the Bradley property is a factual one.  Estate of Heidt            
          v. Commissioner, supra at 974.                                              
               Respondent argues that the estate has not shown that there             
          was sufficient consideration.4  The estate counters that there              
          was adequate consideration in the form of property management               
          services with respect to Bradley and the living accommodations              
          provided by the McReadys to decedent, all in exchange for an                
          interest in Western.                                                        
               In particular, respondent relies on Spaeder v. United                  
          States, 478 F. Supp. 73, 79 (W.D. Pa. 1978).  In that case the              


               4 Respondent also argued that no valid agreement existed               
          between decedent and the McReadys because it was an unenforceable           
          oral agreement to convey real property.  We quickly dispense with           
          that argument because decedent actually deeded the property to              
          Mrs. McReady and herself, albeit almost 4 years after the                   
          parties’ oral agreement.                                                    






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