Estate of Austin Korby - Page 26

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               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’s            






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