Estate of Edna Korby - Page 13

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          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                 
          complied with the requirements of section 7491(a)(2).  Therefore,           
          we conclude that the estate’s burden of proof does not shift to             
          respondent.                                                                 
               The Internal Revenue Code imposes a Federal estate tax on              
          the transfer of the taxable estate of a decedent who is a citizen           
          or resident of the United States.  Sec. 2001.  The value of the             
          gross estate includes the value of all property to the extent of            
          the decedent’s interest therein on the date of death.  Sec. 2033.           
          I.   Section 2036                                                           
               The purpose of section 2036 is to include in a deceased                
          taxpayer’s gross estate the value of inter vivos transfers that             
          were testamentary in nature.  United States v. Estate of Grace,             











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