- 26 - The estate also argues that the value of the annuity purchased in 1998 by Austin using the proceeds of KPLP’s U.S. savings bonds should not be included in Austin’s gross estate. The estate does not argue that the annuity should not be treated as a gift or contest the value respondent ascribed to the annuity ($43,638). The estate’s argument is moot; respondent does not argue that it should be included in the gross estate. The estate does not dispute respondent’s adjustment of the estate’s adjusted taxable gifts by the value of the 1998 annuity. III. The Family Trust Finally, the estate argues that the value of the portion of property included in Edna’s gross estate that was transferred to a family trust pursuant to the terms of the living trust agreement should not be included in Austin’s gross estate. The record shows that the family trust was created in 1999 and filed Federal income tax returns for 2000, 2001, 2002, and 2003. Austin’s estate tax return reported as a debt of the decedent $25,000 due the family trust “payable out of the proceeds of the sale of the homestead as established by the estate of Edna Korby date of death July 3 1998”. The record does not show that the homestead was sold at any time or that Austin’s estate paid $25,000 to the family trust. In addition, the income tax returns filed by the family trust show that the family trust was not created until September 1, 1999, approximately the time Austin’sPage: 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