Estate of Edna Korby - Page 28

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          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 the              






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