Estate of Frances C. Glover, a.k.a. Frances C. Cloud, Deceased, Kevin Holleran and Wilmington Trust Co., Administrators Pro Tem - Page 25




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                                       OPINION                                        
               Section 2001(a) imposes an estate tax on the taxable estate of         
          every decedent who is a citizen or resident of the United States.           
          A decedent’s taxable estate is determined by determining the value          
          of the decedent’s gross estate and by deducting therefrom those             
          deductions provided for in sections 2053 through 2056.  Sec. 2051.          
          The gross estate of a decedent is determined by including the value         
          (at the date of the decedent’s death) of the decedent’s interest in         
          all property, real or personal, tangible or intangible, wherever            
          situated.  Secs. 2031(a), 2033.                                             
               In this case, one of the issues presented is determining (for          
          purposes of determining the value of decedent’s gross estate) the           
          value of an interest which decedent possessed in a malpractice              
          claim against Eckell, Sparks as of the date of her death.  The              
          parties have fashioned a formula for computing the value of that            
          interest.  They have agreed that the starting point in determining          
          the value of that interest is a post mortem settlement, made almost         
          9 years after decedent’s death.  While normally we would not attach         
          such importance, if any, to an event or transaction occurring               
          almost 9 years after decedent’s death in determining a date-of-             
          death value for an asset owned by a decedent, in this case we do so         
          because of the parties’ stipulation.                                        
               Essentially, the parties have agreed that the $750,000                 
          settlement represented the gross value as of the date of settlement         






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Last modified: May 25, 2011