Estate of Pearl I. Amlie, Deceased, Rodney B. Amlie, Executor - Page 57

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          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).                                            





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