Ismat M. Abeid - Page 13

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          Section 2039(b) limits the inclusion in the gross estate of the             
          value of certain annuities to “only such part of the value of the           
          annuity * * * as is proportionate to that part of the purchase              
          price therefor contributed by the decedent.”  Accordingly, the              
          estate argued, since the decedent had provided only $1 towards              
          the purchase price of the annuity represented by the lottery                
          payments, which was an infinitesimal percentage of the purchase             
          price contributed by the other purchasers of tickets in the same            
          lottery, the portion of the annuity includible in the gross                 
          estate should be zero.  The District Court rejected this                    
          argument, concluding that no portion of the annuity qualified for           
          exclusion under section 2039(b) because the interest in the                 
          lottery payments “represents the accumulated wealth of the                  
          decedent.”  Estate of Shackleford v. United States, 82 AFTR 2d at           
          98-5542, 98-2 USTC par. 60320 at 86,530.  Consequently, the                 
          entire annuity was includible in the gross estate.                          
               Petitioner here reasons that, since the District Court in              
          Estate of Shackleford rejected the argument that a $1 lottery               
          ticket constituted only “part of the purchase price” (within the            
          meaning of section 2039(b)) of the annuity resulting from the               
          lottery win, and instead required that the entire annuity be                
          included in the gross estate, it follows that the decedent’s $1             
          payment for the lottery ticket constituted the entire purchase              
          price for the annuity.  Thus, petitioner reasons, if the $1 price           






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