Estate of Claude C. Focardi, Deceased, Nina M. Focardi, Personal Representative - Page 4

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          annuity term and the percentage used to calculate the amount of             
          the first annuity payment.                                                  
               On April 14, 1997 and 1998, decedent filed a Form 709,                 
          United States Gift (and Generation-Skipping Transfer) Tax Return,           
          for 1996 and 1997, respectively, reporting that his October 25,             
          1996, transfer was a gift for Federal gift tax purposes.  On the            
          1996 return, decedent calculated the value of that gift by                  
          reducing the value of his transferred shares by the actuarially             
          determined value of a 2-life annuity under section 7520; i.e.,              
          the present value of the annuity payable until the earlier of (1)           
          the end of the applicable 2- or 4-year term or (2) the deaths of            
          both decedent and Focardi.  On the 1997 return, decedent reported           
          gifts for prior periods inclusive of the taxable gifts reported             
          on his Form 709 for 1996.                                                   
               Respondent determined that decedent’s gift tax for 1996 must           
          be calculated by reducing the value of decedent’s transferred               
          shares by the value of a single-life annuity; i.e., the present             
          value of the annuity payable until the earlier of (1) the end of            
          the applicable 2- or 4-year period or (2) the death of decedent.            
          Respondent also determined a gift tax deficiency for 1997 due to            
          the increase in prior year gifts as a result of his determination           
          for 1996.                                                                   









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