- 3 - not exceed $600,000 and no tax was due, her estate did not file a Federal estate tax return. Mr. Koester died December 2, 1996. More than 80 percent of his estate consisted of real estate. The only property that had been jointly owned by the Koesters was a homestead and a 120-acre parcel of land. The remainder of the realty had been solely owned by Mr. Koester. Mr. Koester’s estate reported a gross estate of $1,001,999 and an estate tax liability of $109,270. OPINION The estate points out that a married couple may split their accumulated wealth and legally avoid estate tax on combined assets up to $1,200,000.3 The estate argues that the Koesters could have devised their wills accordingly and obviated any estate tax burden; however, their lack of advanced education left them unaware of the intricacies of these estate tax provisions. In light of this, the estate contends that the complexity of the Code provisions deprives the less-well educated citizens of their right to equal protection under the law. We find the estate’s argument is misguided. The Koesters were free to will their property in accord with their wishes. They hired an attorney to provide legal assistance in their choices of disposing of their estate. On the record before us, 3 This amount is for the estates of decedents who died before 1998.Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011