- 12 - value of Primrose and the value of Mr. McReady’s services in managing Bradley. With respect to the fair rental value, the estate called two expert witnesses and through their testimony was able to establish an indexed fair rental value for Primrose. We have found that the fair rental value of Primrose for the period under consideration was $408,560. With three adults sharing Primrose, we use one-third of the rental value or $136,187 as the consideration attributable to the decedent’s use of Primrose. The rental value was calculated for the amount of time that decedent actually survived from the time of the 1987 agreement.6 We note that $136,187 is greater than one-half the $270,000 fair market value of Western at the time of decedent’s death. However, the standard for evaluating the amount of consideration in this context is specifically set out in section 20.2040-1(a), Estate Tax Regs.7 That formulaic approach to 6 We note that the fair rental value was derived by multiplying the number of years that decedent actually lived with the McReadys by the annualized fair rental value on the basis of Bureau of Labor Statistics indexes. Decedent survived almost 9 years from the time of the 1987 agreement with the McReadys. Decedent was 75 years old at the time of the agreement, and her life expectancy, at that time, was somewhat longer than she actually survived. Accordingly, the estate’s approach to value was conservative. 7 Sec. 20.2040-1(a)(2), Estate Tax Regs., in pertinent part, provides: the entire value of * * * [jointly held] property is (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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