Estate of Claude C. Focardi, Deceased, Nina M. Focardi, Personal Representative - Page 2

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          estate’s Federal gift tax for 1996 and 1997, respectively.  In              
          docket No. 3130-03, Nina M. Focardi (Focardi) petitioned the                
          Court to redetermine respondent’s determination of deficiencies             
          of $824,019 and $3,123 in Focardi’s Federal gift tax for 1996 and           
          1997, respectively.  The cases resulting from these petitions               
          were consolidated for purposes of trial, briefing, and opinion.             
               Following the parties’ stipulation of the applicable value             
          of the stock discussed herein1 and the submission of these cases            
          under Rule 122, we now decide whether the respective revocable              
          spousal interests contained in four grantor retained annuity                
          trusts (GRATs) are qualified interests under section 2702(b).2              
          We hold they are not.  We also decide whether the GRATs created             
          annuities that are valued on the basis of their stated term of              
          years (as opposed to annuities that are valued on the basis of              
          the actuarial life of the particular grantor) in that the                   
          documents establishing the GRATs state that the spousal interests           


               1 The parties’ stipulation as to the applicable value of the           
          relevant stock resulted from their submission of that issue to              
          binding arbitration.  The arbitrator concluded that the                     
          applicable value of each share of that stock was $4.46.                     
               2 Unless otherwise indicated, section references are to the            
          applicable versions of the Internal Revenue Code, Rule references           
          are to the Tax Court Rules of Practice and Procedure, and                   
          references to the regulations under sec. 2702 are to those                  
          regulations before amendment by T.D. 9181, 70 Fed. Reg. 9222                
          (Feb. 25, 2005).  The amendments to those regulations are not               
          applicable here in that they apply to trusts created on or after            
          July 26, 2004 (the date the amendments were published in proposed           
          form in the Federal Register).  See sec. 25.2702-7, Gift Tax                
          Regs., as amended by T.D. 9181, supra.                                      




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