Estate of Ida Abraham, Deceased, Donna M. Cawley, and Diana A. Slater, Administratrixes - Page 17

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          that the Commissioner raised as a “new matter” for which the                
          Commissioner should bear the burden of proof.                               
               In the instant case, respondent identified both the legal              
          and factual bases for his determination, stating, inter alia, in            
          the notice of deficiency:                                                   
               It is determined that the decedent/guardian transferred DAS,           
               Tyngsboro Family Limited Partnership for less than adequate            
               and full consideration in money or money’s worth and that              
               the decedent, through the guardian, retained an interest in            
               the asset.  Therefore, pursuant to I.R.C., section 2036, the           
               fair market value of the asset is includible in the                    
               decedent’s gross estate.  Accordingly, the taxable estate is           
               increased by $1,100,000.00.                                            
          Under that same reasoning, respondent determined that the full              
          fair market values of the DAC FLP and the RMA FLP, $1.1 million             
          and $581,000,22 respectively, should also be included in                    
          decedent’s taxable estate.  Despite the estate’s protestations on           
          brief, it is clear that the estate understood the basis of                  
          respondent’s determination.  For example, in paragraph 4 of the             
          petition, the estate states:                                                
               (a)  The Commissioner erred in reclassifying the Decedent’s            
               thirty three and one third percent (33.3%) interest in the             
               DAS Tyngsboro Family Limited Partnership (“DAS”) originally            
               returned at a value of $238,333.00 on Schedule F, Item 3 of            
               the Estate Tax Return.  The Commissioner has taken the                 
               position in his reclassification that 100% of the DAC Family           
               Limited Partnership is to be included on Schedule G of the             
               Estate Tax Return.  The Commissioner further errs in valuing           
               the 100% interest in DAC at more than $238,333.00. * * *               
          And in paragraph 5 of the petition, the estate states:                      


               22See supra note 20.                                                   




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