- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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