-2- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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