- 10 - “adjusted value” and “adjusted gross estate”.4 By stipulating that the “combined value” of Keeton Corrections and NSP exceeds 50 percent of the adjusted gross estate, the parties have left out a crucial part of the calculation by not including the word “adjusted” in front of value. The parties did not, however, omit the word “adjusted” from “adjusted gross estate”. The estate is not alleging that 4Sec. 2057(c) and (d) defines the “adjusted gross estate” and the “adjusted value” of the QFOBIs. The adjusted value of the QFOBIs enters into the numerator, and the adjusted gross estate is the denominator for purposes of the 50-percent test under sec. 2057(b)(1)(C). The adjusted value of the QFOBIs is determined by aggregating the value of all qualified family-owned business interests that are includable in the decedent’s gross estate and are passed from the decedent to a qualified heir. This amount is then reduced by the value of claims and mortgages under sec. 2053(a)(3), and (4), less the following: (1) Indebtedness on a qualified residence of the decedent (determined in accordance with the requirements for deductibility of mortgage interest set forth in sec. 163(h)(3)); (2) indebtedness incurred to pay the educational or medical expenses of the decedent, the decedent’s spouse, or the decedent’s dependents; and (3) other indebtedness of up to $10,000. H. Conf. Rept. 105-220, at 397- 398 (1997), 1997-4 C.B. (Vol. 2) 1457, 1867-1868. The value of the adjusted gross estate is equal to the decedent’s gross estate, reduced by any claims against the estate and mortgages on estate assets, and increased by the amount of the following transfers, to the extent not already included in the decedent’s gross estate: (1) Any lifetime transfers of qualified business interests that were made by the decedent to members of the decedent’s family provided such interests have been continuously held by members of the decedent’s family (other than the decedent’s spouse), plus (2) any other transfers from the decedent to the decedent’s spouse that were made within 10 years of the date of the decedent’s death, plus (3) any other gifts made by the decedent within 3 years of the decedent’s death, except nontaxable transfers made to members of the decedent’s family covered by the annual per donee exclusion of sec. 2503(b). Id.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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