Estate of Hilde E. Erickson, Deceased, Donor, Karen E. Lange, Personal Representative - Page 13




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          to meet its liabilities for estate and gift taxes.  To obtain the           
          funds necessary to meet the estate’s obligations, Karen engaged             
          in two transactions.  First, she sold Mrs. Erickson’s home to the           
          Partnership for $123,500.  Second, the Partnership gave Mrs.                
          Erickson’s estate cash totaling $104,000.  The parties                      
          characterized the $104,000 disbursement as a redemption of some             
          of Mrs. Erickson’s partnership interests.                                   
          Respondent’s Examination and Tax Court Proceedings                          
               Respondent examined the estate’s gift tax and estate tax               
          returns and issued deficiency notices.  The estate timely filed             
          petitions, and the cases were consolidated.  The parties have               
          stipulated the fair market values of the assets Mrs. Erickson               
          contributed to the Partnership and have stipulated the fair                 
          market values of the partnership interest Mrs. Erickson retained            
          after making the grandchildren’s gifts of partnership interests.            
                                       OPINION                                        
               We are asked to decide whether the assets Mrs. Erickson                
          transferred to the Partnership shortly before she died are                  
          included in her gross estate under section 2036.3  Respondent               

               3Respondent argues in the alternative that the gross estate            
          includes the property transferred to the Partnership pursuant to            
          sec. 2038.  We find for respondent under sec. 2036 and therefore            
          need not address respondent’s argument under sec. 2038.                     
          Respondent also makes two additional arguments in his opening               
          brief, neither of which the estate addressed on brief.  First,              
          respondent argues that the gross estate includes the partnership            
          interests that Karen, acting on behalf of Mrs. Erickson,                    
                                                             (continued...)           





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