- 12 - KPLP interests.4 The deficiency in estate tax totaled $1,070,482. OPINION Respondent argues that the value of the property transferred by Austin and Edna to KPLP is includable in Austin’s and Edna’s gross estates under sections 2036(a)(1) and (2) and/or 2038(a)(1). The estate argues that sections 2036 and 2038 do not apply to the assets the Korbys transferred to KPLP because Austin and Edna retained no right to income from, the corpus of, or power of appointment over them, KPLP received the assets in a bona fide sale for adequate and full consideration in money or money’s worth, and Austin and Edna did not retain ownership or control over the assets alone or in conjunction with anyone else or the power alone or in conjunction with anyone else to alter, amend, revoke, or terminate the enjoyment by any person of the assets. See secs. 2036(a)(1) and (2), 2038(a). Respondent’s determination in the notice of deficiency is entitled to a presumption of correctness. See Rule 142(a). The parties do not address section 7491(a). The estate does not argue that the burden of proof has shifted to respondent under section 7491(a), and it has failed to establish that it has 4The estate does not challenge respondent’s inclusion of the living trust property under secs. 2036 and 2038 or his adjustment to the adjusted taxable gifts. We therefore accept these adjustments.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011