Estate of Marie L. Concordia, Deceased, Edward C. McReady, Executor - Page 12




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          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...)           





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