Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 88

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          v. United States, supra, nor Murray v. United States, supra, is             
          binding on us, and, indeed, the facts of both cases are somewhat            
          different from the facts before us today.  Armstrong Trust did              
          not involve a specific assumption of the potential 2035 tax as a            
          condition of the underlying gift (as is the case here); rather,             
          the donees were statutorily liable for any 2035 tax under section           
          6324(a)(2).  In Murray, unlike the instant case, the obligation             
          was not limited to the “gross-up” tax of (original) section                 
          2035(c), with its preordained inclusion amount and accompanying             
          3-year window of inclusion (indeed, that provision and the                  
          unified gift and estate tax system had yet to be enacted).                  
          Nevertheless, we agree with what we believe to be the basis of              
          those two opinions, i.e., that, in advance of the death of a                
          person, no recognized method exists for approximating the burden            
          of the estate tax with a sufficient degree of certitude to be               
          effective for Federal gift tax purposes.  See also Estate of                
          Armstrong v. Commissioner, 119 T.C. 220, 230 (2002).                        
               Petitioners’ computation of the mortality-adjusted present             
          value of the children’s obligation to pay the 2035 tax does                 


               50(...continued)                                                       
          119 T.C. 220, 230 (2002) (addressing certain Federal estate tax             
          questions with respect to the same gifts in question in Armstrong           
          Trust v. United States, 132 F. Supp. 2d 421 (W.D. Va. 2001),                
          affd. sub nom. Estate of Armstrong v. United States, 277 F.3d 490           
          (4th Cir. 2001)), we said:  “The donee children’s mere                      
          conditional promise to pay certain additional gift taxes that               
          decedent might be determined to owe does not reduce the amount of           
          decedent’s gift taxes included in the gross estate under section            
          2035(c).”                                                                   



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