Estate of Doris F. Kahn, Deceased, LaSalle Bank, N.A., Trustee and Executor - Page 3

                                        - 3 -                                         
          liability that would be incurred by the designated beneficiary              
          upon distribution of the IRAs.  We hold that the estate may not             
          reduce the value of the IRAs.                                               
               The following is a summary of the relevant facts that are              
          not in dispute.  They are stated solely for purposes of deciding            
          the pending cross-motions for summary judgment and are not                  
          findings of fact for this case.  See Lakewood Associates v.                 
          Commissioner, T.C. Memo. 1995-552 (citing Fed. R. Civ. P. 52(a)).           
                                     Background                                       
               Doris F. Kahn (decedent) died testate on February 16, 2000             
          (the valuation date).  At the time of death, decedent resided in            
          Glencoe, Illinois.  The trustee and executor of the decedent’s              
          estate, LaSalle Bank, N.A., had its office in Chicago, Illinois,            
          at the time the petition was filed.  At the time of her death,              
          decedent owned two IRAs--a Harris Bank IRA and a Rothschild IRA.            
          Both IRA trust agreements provide that the interests in the IRAs            
          themselves are not transferable; however, both IRAs allow the               
          underlying marketable securities to be sold.2  The Harris IRA               

               2The Rothschild IRA agreement provides:                                
                    Section 5.7B.  Neither the Account Holder nor the                 
               Trustee shall have the right to amend or terminate this                
               Trust in such a manner as would cause or permit all or                 
               part of the entire interest of the Account Holder to be                
               diverted for purposes other than their exclusive                       
               benefit or that of their Beneficiary.  No Account                      
               Holder shall have the right to sell, assign, discount,                 
               or pledge as collateral for a loan any asset of this                   
               trust.                                                                 
                                                             (continued...)           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011