- 57 - Amlie Family was part of the consideration for the 1995 FSA.35 Analyzing the 1995 FSA as whole, taking into consideration all the facts and circumstances surrounding the making of that agreement, we conclude that this payment was a transfer in the ordinary course of business and not a gift. We accordingly do not sustain respondent's determination that the payment resulted in a $30,000 increase in decedent's adjusted taxable gifts. V. Section 6662(a) Negligence Penalty Respondent determined that the estate was liable for an accuracy-related penalty under section 6662 with respect to the portion of the underpayment of estate tax attributable to the value reported for decedent's FABG stock. Because we have held that the value of the FABG stock as reported by the estate is correct, there is no underpayment attributable thereto. Accordingly, we do not sustain respondent's determination with respect to the section 6662 accuracy-related penalty. VI. Conclusion In reaching our holdings in this case, we have considered all the remaining arguments made by the parties for results contrary to those expressed herein. To the extent not discussed 35 Respondent argues that the conservator was under no legal obligation to make this reimbursement to Rod. This is incorrect. Under Iowa law, once the 1995 FSA was approved by the district court, as a fiduciary of the ward, the conservator was bound to take those actions required to effectuate the terms of that agreement on her ward's behalf. Iowa Code sec. 633.71 (1992) (court orders bind conservator).Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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