Estate of Sarah M. Davenport, Deceased, Richard Davenport, Executor - Page 30

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          existed only in a fiduciary capacity and therefore does not limit           
          or weaken decedent’s interest in the annuities.                             
               To recapitulate, the Court is satisfied that decedent should           
          be characterized as the sole beneficial owner of the annuities,             
          such that the value thereof in includable in her gross estate               
          under section 2033.  Consequently, we need not reach the question           
          of whether the annuities would likewise be properly included                
          under section 2039.  Nonetheless, our affirmative answer on the             
          question of inclusion does necessitate examination of the issue             
          of valuation, to which we now turn.                                         
          III.  Valuation of the Annuities                                            
               A.  General Rules                                                      
               With respect to an interest included in the gross estate               
          pursuant to section 2033 and/or following provisions, the general           
          rule governing valuation is set forth in section 20.2031-1(b),              
          Estate Tax Regs.:                                                           
               The value of every item of property includible in a                    
               decedent’s gross estate under sections 2031 through                    
               2044 [now 2045 due to addition and renumbering] is its                 
               fair market value at the time of the decedent’s death,                 
               except that if the executor elects the alternate                       
               valuation method under section 2032, it is the fair                    
               market value thereof at the date, and with the                         
               adjustments, prescribed in that section.  The fair                     
               market value is the price at which the property would                  
               change hands between a willing buyer and a willing                     
               seller, neither being under any compulsion to buy or to                
               sell and both having reasonable knowledge of relevant                  
               facts. * * *                                                           







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