- 28 - concession. The statement to which the estate refers was made by respondent in his pretrial memorandum filed with the Court. Before the parties agreed that the marital deduction is inapplicable to the KPLP assets included in Edna’s gross estate, the estate argued that the application of section 2036 would cause the KPLP assets to pass to Austin at Edna’s death (a requirement of section 2056) under the terms of the living trust. In response, respondent stated: Under Articles 8 and 9 of the [living] trust the surviving spouse received a right to trust income during life and a general power of appointment. However, the assets that Edna and Austin used to fund the KPLP were never part of the [living] trust, nor was the 98 percent KPLP limited interest the decedents transferred to their sons. Thus, the surviving spouse has no right to the income or the corpus of 98 percent of the property transferred to the KPLP, nor does the surviving spouse have a power of appointment over that property. * * * [Emphasis omitted.] In the context of respondent’s argument that the property held by KPLP did not pass to Austin at Edna’s death, respondent’s statement is neither a concession that section 2036 does not apply to the KPLP assets nor inconsistent with his position that the value of the KPLP property is includable in Edna’s gross estate. We find that respondent has not conceded any issues by reason of the statement in his pretrial memorandum. IV. Section 6651(a)(1) Addition to Tax Section 6075(a) requires that all estate tax returns filed pursuant to section 6018(a) be filed within 9 months after thePage: 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