Estate of Sylvia Gore, Deceased, Pamela Powell, Personal Representative - Page 7




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          parties must compute the deficiency on the basis of the matters             
          decided by the Court.  See id.  Petitioner cannot reasonably                
          contend that the validity of the alleged transfer giving rise to            
          the gift tax deduction was not at issue.  At trial, petitioner              
          asserted various arguments relating to the transfer of assets to            
          GFLP, but we ultimately held that decedent did not complete the             
          transfer as claimed.  Because the attempted transfer of the                 
          Marital Fund assets to GFLP was not completed and did not                   
          constitute a gift, a gift tax liability attributable to the                 
          transfer of Marital Fund assets did not arise, and no gift tax              
          deduction is warranted.  In the gift tax case, petitioner                   
          acknowledged this result by entering into an agreement                      
          recognizing that petitioner was not liable for any gift tax                 
          deficiency and crediting all gift taxes paid against petitioner’s           
          estate tax deficiency.  The allowance of a gift tax deduction for           
          $1,183,029 would not reflect the findings of the Court in this              
          estate tax case or result in a correct computation of                       
          petitioner’s estate tax deficiency.                                         
               Respondent’s computation incorporates the parties’                     
          stipulations and the findings of the Court and accounts for the             
          appropriate credits and deductions claimed and substantiated by             












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