- 24 - Austin’s death, the parties shall take into consideration their stipulation that the value of Amoco stock at Austin’s death was $55.125 per share, not $85.50 per share as stated in the notice of deficiency. II. The 1995 and 1998 Annuities The estate argues that respondent incorrectly included the 1995 annuity, valued at $146,713.59 at Austin’s death, in the KPLP assets. The estate does not object to respondent’s valuation of the annuity. The annuity entitled Austin to payments after the annuity date for a 10-year period as long as he was living. If Austin died during the 10-year period, the payments would continue to his beneficiaries. Austin’s sons were named as irrevocable beneficiaries, which also entitled them to a death benefit if Austin died before the annuity date. Section 2039(a) provides that the gross estate must include the value of an annuity receivable by a beneficiary by reason of surviving a decedent under a contract or agreement if, under such contract or agreement, an annuity or other payment was payable to the decedent, or the decedent possessed the right to receive such annuity or payment, either alone or in conjunction with another for his life or for any other period not ascertainable without reference to his death or for any period which does not in fact end before his death. 8(...continued) 2036(a) as living trust property. In addition, the calculation of the portion includable in each gross estate takes into account that the 1.28-percent interest contributed by the Korby sons is not included in either Austin’s or Edna’s gross estate.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011