- 33 - $30,000, reflecting three $10,000 annual exclusions). Petitioner argues that the promissory note was decedent’s and Melba’s joint property and appears to contend that the assignment should be regarded as gifts from decedent and Melba equally. Respondent asserts that the promissory note was consideration to the grantor trust for its sale of the Lake Catherine property to the Manesses. Petitioner counters that respondent’s assertion is bald speculation. Petitioner, however, has offered no other explanation for the promissory note’s being made payable to the grantor trust.12 We believe that the evidence in the record fairly supports an inference that the promissory note was in fact consideration for the Lake Catherine property, which had been decedent’s separate property before he placed it in the grantor trust. Consequently, pursuant to the antenuptial agreement, Melba would have had no interest in either the Lake Catherine property or the promissory note, either before or after decedent’s revocation of the grantor trust. Accordingly, we conclude, as respondent has determined, that in assigning the promissory note to three of his children, decedent made three unreported taxable gifts totaling the face amount of 12 On brief, petitioner makes various arguments predicated on a supposition that the promissory note was made payable to decedent and Melba jointly. Petitioner has offered neither the promissory note nor any other evidence in support of this supposition. The only evidence on this score is found in the assignment of the promissory note, which decedent and Melba executed on Jan. 31, 1995, and which states that the promissory note was “in favor of Lewis A. Bailey Family Trust”.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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