Estate of Edna Korby - Page 24

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               KPLP’s assets were contributed as follows:                             
          Edna    Austin     Korby sons    Living trust     Total                     
          38.26   58.46         1.28         2.00        100.00                       
          The parties agree that if section 2036 applies to the assets                
          contributed to KPLP by Austin and Edna, 38.26 percent of KPLP’s             
          value should be included in Edna’s gross estate and 58.46 percent           
          of KPLP’s value should be included in Austin’s gross estate.8  In           
          calculating the values of the KPLP assets at Edna’s death, the              
          parties shall take into consideration their stipulation that the            
          value of Amoco stock at Edna’s death was $43.039 per share, not             
          $89.13 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 $143,000 at Edna’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                 


               8This 38.26-percent portion of KPLP’s value is includable in           
          Edna’s gross estate in addition to the 2-percent KPLP general               
          partnership interest held by the living trust, which the estate             
          does not dispute is included in Edna’s gross estate under sec.              
          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.                     





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Last modified: May 25, 2011