- 113 - Stone and Ms. Stone to each of the Five Partnerships were bona fide sales for adequate and full consideration in money or money’s worth under section 2036(a). Consequently, we need not and shall not address the third factual issue presented under section 2036(a)(1). Ultimate Holdings Based upon our examination of the entire record before us, we hold that none of the assets owned by any of the Five Partner- ships (1) on the date of Mr. Stone’s death is includible under section 2036(a)(1) in his gross estate and (2) on the date of Ms. Stone’s death is includible under section 2036(a)(1) in her gross estate. Section 2044 Respondent argues that, because section 2036(a)(1) requires the inclusion in Mr. Stone’s gross estate of 69.973 percent of the assets of ES3LP on the date of his death, section 2044 re- quires the inclusion in Ms. Stone’s gross estate of 69.973 per- cent of the assets of ES3LP on the date of her death.78 We have rejected respondent’s position that section 2036(a)(1) requires the inclusion in Mr. Stone’s gross estate of 69.973 percent of 78Respondent did not raise sec. 2044 in the notice issued to Ms. Stone’s estate or in the answer. We conclude that respon- dent’s reliance on sec. 2044 raises a new issue that respondent advances for the first time on brief. However, the estates do not object to, and we find no prejudice to the estates as a result of, respondent’s raising that issue for the first time on brief.Page: Previous 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 Next
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