Estate of Ida Abraham, Deceased, Donna M. Cawley, and Diana A. Slater, Administratrixes - Page 29

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          note that respondent grants the estate credit for these payments            
          under section 2043.                                                         
               The estate also argues that respondent erroneously failed to           
          give it credit for additional amounts that Ms. Cawley and Ms.               
          Slater paid.  Specifically, in his determination respondent                 
          failed to acknowledge that in 1996 and 1997 Ms. Cawley and Ms.              
          Slater paid an additional $80,000 and $90,000, respectively, for            
          which they received additional interests in the FLPs.  The                  
          evidence demonstrates that these amounts, unlike the initial                
          $160,000, were not paid to decedent, but instead to the FLPs                
          themselves.                                                                 
               The estate fails to cite any authority upon which we may               
          rely, and we cannot see how these amounts could constitute                  
          consideration if they were not paid to decedent.32  Indeed, the             
          evidence does show that after decedent’s death, Ms. Cawley                  
          received a $93,078.62 distribution from the DAC FLP, and Ms.                
          Slater received a $120,869.42 distribution from the DAS FLP.                
          Accordingly, we sustain respondent’s determination that these               
          additional amounts that Ms. Slater and Ms. Cawley paid directly             
          to the FLPs should not reduce the amount included in decedent’s             
          gross estate under section 2036.                                            



               32If the children were buying part of decedent’s interest in           
          the FLPs, decedent and not the FLPs should have received those              
          purchase moneys.                                                            




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