Estate of Sarah M. Davenport, Deceased, Richard Davenport, Executor - Page 33

                                       - 33 -                                         
               B.  Analysis                                                           
               In the present matter, respondent determined the value of              
          the annuities includable in the gross estate utilizing the tables           
          and interest rates prescribed under section 7520 and set forth in           
          section 20.2031-7(d), Estate Tax Regs.  Those computations have             
          not been made a part of the record, and the estate has never                
          disputed that the calculations reflect a correct application of             
          the section 7520 actuarial methodology and attendant tables.                
          Rather, the estate advocates use of section 20.2031-8, Estate Tax           
          Regs., contending for valuation “on the basis of the cost of                
          commercial replacement annuities as of decedent’s date of death”.           
          The estate’s argument on this point is limited to a few                     
          sentences, the substance of which is contained in the following:            
          “Petitioner takes the position that commercial annuities were               
          purchased in connection with the settlement arrangement.                    
          Therefore, the proper method for valuation of such annuities                
          would be comparable commercial contracts as of the Decedent’s               
          date of death, the method of valuation specified under Treas.               
          Reg. 20:2031-8.”                                                            
               There exist, however several difficulties with the estate’s            
          position.  First, as previously noted, the legally determinative            
          document conferring on decedent the right to streams of periodic            
          payments is the settlement agreement.  That right is to periodic            
          payments from the hospital, not from a commercial annuity                   






Page:  Previous  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  Next

Last modified: May 25, 2011