Estate of Ronald G. Keeton, Deceased, Kimberly Keeton Spence, Personal Representative - Page 4

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          2000 (the estate tax return).  On Schedule T of the estate tax              
          return, the estate claimed a deduction under section 2057 of                
          $675,000.  The estate reported qualified family-owned business              
          interests (QFOBIs) valued at $2,870,933, consisting of decedent’s           
          interest in Keeton Corrections valued at $1,285,531 and his                 
          interest in NSP valued at $1,585,402.  Pursuant to section                  
          2057(b)(1)(B), the executor elected the application of section              
          2057 and filed the agreement referred to in section 2057(h).                
               Respondent issued his notice of deficiency on August 26,               
          2003.  In his notice of deficiency, respondent, among other                 
          adjustments, disallowed the family-owned business deduction in              
          its entirety.                                                               
                                     Discussion                                       
          I.   Section 2057                                                           
               Section 2057(a) provides an estate tax deduction for QFOBIs            
          effective for estates of decedents dying after December 31, 1997.           
          Taxpayer Relief Act of 1997, Pub. L. 105-34, sec. 502(c), 111               
          Stat. 852.  A QFOBI includes an interest as a proprietor in a               
          business carried on as a proprietorship or an interest in an                
          entity carrying on a business if at least 50 percent of the                 
          entity is owned, directly or indirectly, by the decedent or a               
          member of the decedent's family.  Sec. 2057(e)(1).  If an estate            
          qualifies for and elects to take the deduction, up to $675,000 of           
          the adjusted value of QFOBIs may be deducted from the value of a            






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