Estate of Charles Porter Schutt, Deceased, Charles P. Schutt, Jr., and Henry I. Brown III, Co-Executors - Page 38

                                        -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 a               






Page:  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