-38- 21, 1999, the underlying asset value of Schutt I was $65,273,495, of which the Revocable Trust’s proportionate share was $29,527,314. The underlying asset value of Schutt II was $28,504,626, of which the Revocable Trust’s proportionate share was $13,493,064. In the notice of deficiency issued on October 11, 2002, respondent determined that the discounts applied in valuing the interests in Schutt I and Schutt II were excessive. The estate timely filed the instant proceeding challenging the statutory notice. By amendment to answer filed in this case, respondent then asserted an increased deficiency on the grounds that the full fair market value of the underlying assets contributed by the Revocable Trust to Schutt I and Schutt II should be included in decedent’s gross estate under sections 2036(a) and 2038. The parties have since stipulated that if the Court rejects respondent’s position under sections 2036 and 2038, they agree that the Schutt I and II units held by the Revocable Trust should be included in decedent’s gross estate at the respective values of $19,930,937 and $9,107,818. OPINION I. Inclusion in the Gross Estate--Sections 2036 and 2038 A. General Rules As a general rule, the Code imposes a Federal excise tax “on the transfer of the taxable estate of every decedent who is aPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
Last modified: May 25, 2011