Estate of Sarah M. Davenport, Deceased, Richard Davenport, Executor - Page 13

                                       - 13 -                                         
               SEC. 2039.  ANNUITIES.                                                 
                    (a) General.--The gross estate shall include the                  
               value of an annuity or other payment receivable by any                 
               beneficiary by reason of surviving the decedent under                  
               any form of contract or agreement entered into after                   
               March 3, 1931 (other than as insurance under policies                  
               on the life of the decedent), if, under such contract                  
               or agreement, an annuity or other payment was payable                  
               to the decedent, or the decedent possessed the right to                
               receive such annuity or payment, either alone or in                    
               conjunction with another for his life or for any period                
               not ascertainable without reference to his death or for                
               any period which does not in fact end before his death.                
                    (b) Amount Includible.--Subsection (a) shall apply                
               to only such part of the value of the annuity or other                 
               payment receivable under such contract or agreement as                 
               is proportionate to that part of the purchase price                    
               therefor contributed by the decedent. * * *                            
               In considering the inclusion of an annuity in the gross                
          estate, the conflation of sections 2033 and 2039 casts a wide               
          net.  Section 2033 and its predecessors have long been construed            
          to reach annuities payable to a decedent’s estate upon his or her           
          death.  E.g., Millard v. Maloney, 121 F.2d 257, 259 (3d Cir.                
          1941); Equitable Trust Co. v. Commissioner, 31 B.T.A. 329, 333-             
          334 (1934), revd. on another issue sub nom. Commissioner v. Chase           
          Natl. Bank, 82 F.2d 157 (2d Cir. 1936); Arrington v. United                 
          States, 34 Fed. Cl. 144, 147-148, 150 (1995), affd. without                 
          published opinion 108 F.3d 1393 (Fed. Cir. 1997).  Section 2039             
          was enacted to broaden the reach of the gross estate to draw in             
          annuities payable to surviving beneficiaries, such as joint and             
          survivor annuities and annuities to be received by designated               
          third persons.  Gray v. United States, 410 F.2d 1094, 1096-1097             





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