- 25 - irrevocable beneficiaries, which also entitled them to a death benefit if Austin died before the annuity date. The annuity was payable only to Austin if he lived to the annuity date. Edna was not named as an annuitant, beneficiary, or owner on the annuity application. Because she did not possess a right to payments for any period under the annuity, the value of the annuity is not includable in her gross estate under section 2039. However, the fact that an amount is not includable in a decedent’s gross estate under section 2039 does not preclude its inclusion in the gross estate under some other section of the estate tax laws. See Estate of Kleemeier v. Commissioner, 58 T.C. 241, 252 (1972) (citing section 20.2039-1(a), Estate Tax Regs.). The 1995 annuity was purchased by KPLP and was included as one of its assets when Edna died. Its value is therefore includable in Edna’s gross estate under section 2036 to the same extent the values of the other KPLP assets are includable. In calculating KPLP’s total value, the value of the 1995 annuity, agreed upon by the parties as $143,000 at Edna’s death, should be included. The portions includable in Edna’s gross estate (the 38.26-percent interest she contributed and the 1-percent general partnership interest owned by the living trust) shall then be calculated from the total value.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011