Estate of Earl C. Koester, Deceased, Carol C. Fortney and Roger D. Fortney, Personal Representatives - Page 3




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          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.                                                                





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