Estate of Edna Korby - Page 25

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          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.                                            







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Last modified: May 25, 2011