- 13 - OPINION We first address section 7491(a). The parties agree that section 7491(a) is applicable in the instant case. The parties disagree, however, over whether the burden of proof has shifted to respondent under section 7491(a) with respect to the issue presented under section 2036(a)(1).10 We need not and shall not address that disagreement. That is because resolution of the issue presented under section 2036(a)(1) does not depend on who has the burden of proof. Section 2036(a)(1) The only dispute between the parties under section 2036(a)(1)11 is whether decedent retained for his life the 9(...continued) should be increased from $11,178 to $11,607. At trial, the estate conceded respondent’s determination in the notice to disallow $2,500 of the $10,000 of attorney’s fees that the estate claimed as a deduction under sec. 2053. 10Petitioner does not claim that the burden of proof has shifted to respondent under sec. 7491(a) with respect to the issue presented under sec. 2053. 11Sec. 2036(a)(1) provides: SEC. 2036. TRANSFERS WITH RETAINED LIFE ESTATE. (a) General Rule.--The value of the gross estate shall include the value of all property to the extent of any interest therein of which the decedent has at any time made a transfer (except in case of a bona fide sale for an adequate and full consideration in money or money’s worth), by trust or otherwise, under which he has retained for his life or for any period not ascer- tainable without reference to his death or for any (continued...)Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011